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

Meeting Number: 7
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Live streamed

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.

    1. That the Minutes of the Special Council Meeting (Budget 2024) held on February 28, 2024, be adopted.
    1. That the Minutes of the Council Meeting held on February 28, 2024, be adopted.

CONSISTING OF 372 RESIDENTIAL UNITS AT 35-51 KENNEDY ROAD


That the following deputation providing comments regarding the above listed item be received for information purposes:
(Item 8.1.1, By-law 2024-48 and By-law 2024-49)

  1. Gregory Karastergios

That the following deputation providing comments regarding the above listed item be received for information purposes:
(Item 14.2.1)

  1. Jóska Zérczi
    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

Summary from the City Solicitor:


On March 29, 2023, the Ontario Land Tribunal (“OLT”) issued its Memorandum of Oral Decision delivered by the OLT on October 24, 2022 for Aryeh Construction Limited (“Aryeh”)’s appeal relating to 8293 and 8303 Warden Avenue (the “Property”). The OLT decision and order resulted from an appeal by Aryeh of the City’s non-decision of the Zoning By-law Amendment and Draft Plan of Subdivision application for Aryeh’s proposed residential condominium development at the Property.


Aryeh had sought to permit an increase from the previously approved development approvals, to increase the height of 2 residential towers from 19 storeys each to 45 and 42 storeys, respectively, and to increase the number of units by 303 units for a total of 833 units.


Attendees at the hearing included Aryeh, the City, the Unionville Ratepayers Association and the Markham Centre Landowners Group. In the decision and order, the OLT approved the settlement that was reached between the City and Aryeh of the settled upon Zoning By-law Amendment and revisions to the Draft Plan of Subdivision. The OLT approved the settlement on the basis that the planning instruments conform with all applicable Planning legislation and policy. The City was given the authority to clear the Draft Plan Conditions and administer final approval of the Draft Plan of Subdivision. 


As the OLT has issued its final decision, the ZBA now requires assignment of a By-law number for administrative tracking purposes.
(By-law 2024-44)

That the following communications providing comments regarding "OLT Appeal by Hilton Markham Suites Hotel Limited, Appeal of the Official Plan and Zoning By-Law Amendment Applications" be received for information purposes:
[Item 14.2.1 (WARD 8) (10.3, 10.5)]

  • Frederick Woo
  • Peter Miasek, Unionville Residents Association (URA)
  • Tammy Mok, Unionville Residents Association (URA)
    1. That the communication submitted by the following providing comments regarding the above subject matter be received:
      • Frederick Woo
      • Peter Miasek, Unionville Residents Association (URA)
      • Tammy Mok, Unionville Residents Association (URA)
    1. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
      1. SPANISH LANGUAGE DAY, April 23, 2024.

Please refer to your February 13, 2024 Development Services Public Meeting Agenda for reports.


Mayors and Members of Council:

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

INCLUDING FOUR INTEGRATED LIVE-WORK UNITS FRONTING OLD KENNEDY ROAD, AND 305 M2 OF GROUND LEVEL COMMERCIAL SPACE AT 35-51 OLD KENNEDY ROAD  (2163321 ONTARIO INC. LANCE GAO) - (WARD 8) (10.3)(10.5)


(Item 5.1 and By-law 2024-48 and By-law 2024-49)

    1. That the deputation by George Shi be received; and,
    2. That the written submissions received by George Shi, Gregory Karastergios, The Helen Mihailidi, on behalf of Milliken Main Street Landowners Group Inc., and Templar Tsang-Trinaistich, Delta Urban Inc. and Group Manager of the Milliken Main Street Landowners Group; and,
    3. That the report entitled “PUBLIC MEETING INFORMATION REPORT, 2163321 Ontario Inc., Applications for Official Plan Amendment and Zoning By-law Amendment to permit a 30-storey building (24 storeys with a six-storey podium), consisting of 372 residential units, including four integrated live-work units fronting Old Kennedy Road, and 305 m2 of ground level commercial space (Ward 8), File No. PLAN 23 148834”, be received; and,
    4. That the Record of the Public Meeting held on February 13, 2024 with respect to the proposed Official Plan Amendment and Zoning By-law Amendment applications, be received; and,
    5. That the applications by 2163321 Ontario Inc., for a proposed Official Plan Amendment and Zoning By-law Amendment (PLAN 23 148834), be approved and the draft implementing Official Plan Amendment and Zoning By-law Amendment be finalized and enacted without further notice; and further,
    6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

Please refer to your March 5, 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):

    1. That the memorandum titled, “Council Approval for Parkland Dedication Exemption: 11 and 15 Grandview Boulevard (CSNT 20 127548, B/016/20, B/010/21)”, be received; and,
    2. That the Commissioner of Development Services or the Director of Planning and Urban Design be authorized to exempt parkland obligation for the existing lots and only collect parkland obligation for the newly created lot for the application identified in this memo; and,
    3. That the Parkland Dedication By-law be amended to authorize the Commissioner of Development Services or the Director of Planning and Urban Design to consider and approve any future requests for exemption of parkland dedication obligations based on criteria arising from similar contexts and elements as the subject application; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

AT THE SOUTHWEST CORNER OF 14TH AVENUE AND DONALD COUSENS PARKWAY (AT 15 VETTESE COURT), (WARD 7) FILE PLAN 21 120261 AND SPC 22 109682 (10.3, 10.5)


(By-law 2024-45 and By-law 2024-46)

    1. That the March 5, 2024, report titled, “RECOMMENDATION REPORT, The Regional Municipality of York, Official Plan and Zoning By-law Amendments and Site Plan Control applications to permit a four and six-storey affordable rental building at the southwest corner of 14th Avenue and Donald Cousens Parkway (Ward 7), File PLAN 21 120261 and SPC 22 109682”, be received; and,
    2. That the written submissions from Yang Meng and She Love received on March 4, 2024, be received; and,
    3. That the Official Plan Amendment application submitted by the Regional Municipality of York, be approved and the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought to a future Council meeting for adoption without further notice; and,
    4. That the Zoning By-law Amendment application submitted by the Regional Municipality of York be approved and the draft site-specific Zoning By-law Amendment, attached as Appendix ‘B’, be finalized and brought to a future Council meeting for enactment without further notice; and,
    5. That the Site Plan application submitted by the Regional Municipality of York be endorsed in principle, and that Site Plan Approval be delegated to the Director of Planning and Urban Design or designate; and,
    6. That Council assign servicing allocation for 153 dwelling units for Site Plan Control File SPC 22 109682; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2024-53)

    1. That the report titled, “RECOMMENDATION REPORT, Application for a Zoning By-law Amendment submitted by HNT Inc. to permit a multi-unit commercial building at 8310 Woodbine Avenue (Ward 8), File No. PLAN 22 258667”, be received; and,
    2. That the written submission from Howard Buckman directed to the March 5th Development Services Committee be received; and,
    3. That the application submitted by HNT Inc. to amend Zoning By-law 165-80, as amended, be approved and the Zoning By-law, attached hereto as Appendix ‘A’, be approved; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Please refer to your March 19, 2024 General Committee Agenda for reports.


Mayors and Members of Council:

  • That the report of the General Committee be received & adopted. (Items 1 to 5):

    1. That the report entitled “294-T-23 Block Tree Pruning Program (Year 5 of 8)” be received; and,

    2. That the contracts for Tender 294-T-23 Block Tree Pruning Program (Year 5 of 8) be awarded to the lowest priced bidders as follows:
      1. Tree Doctors Inc. (three grid areas) in the amount of $46,300.80, inclusive of HST; and
      2. Davey Tree Expert Co. of Canada, Limited (two grid areas) in the amount of $343,412.04, inclusive of HST; for a total amount of $389,712.84 ($46,300.80 + $343,412.04), inclusive of HST; and,

    3. That the estimated costs of $389,712.84 be funded from account 700-101-5399-23463 (Block Pruning Initiative – Year 5 of 8) with budget available of $229,000.00; and,

    4. That the budget shortfall in the amount of $160,712.84 ($229,000.00 - $389,712.84) be funded from the Life Cycle Replacement and Capital Reserve Fund; and further,

    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled “2023 Summary of Remuneration and Expenses for Councillors and Appointees to Boards” be received; and further,
    2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report titled “2023 Year-End Results of Operations” be received; and, 
    2. That the City’s 2023 operations net favourable variance of $4.86M be transferred to the Life Cycle Capital Replacement and Capital Reserve Fund, as per the approved Financial Planning and Budgeting Policy; and further,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report titled “Annual Water Quality Report (January-December 2023)” as required by Schedule 22 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, enclosed herein be received; and,
    2. That the Annual 2023 Regulatory Water Quality Report (Attachment “A”), containing information for the Ministry of the Environment, Conservation and Parks (MECP) on water supply and quality as required by Section 11 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, be received; and,
    3. That Council acknowledge that staff posted the Annual 2023 Detailed Regulatory Water Quality Report on the City’s website and that it has been made available electronically and in hard copy version by February 28, 2024 as per regulations; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled "City of Markham Comments on the Proposed Get It Done Act, 2024 (Bill 162)" dated March 19, 2024, be received; and,
    2. That this report be forwarded to the Minister of Municipal Affairs and Housing as the City of Markham’s comments on Bill 162; and note specifically, 
      • That the City of Markham supports Modification 22 the proposed removal of the Future Urban Area Overlay; and,
      • That the City of Markham requests the Province to amend Bill 162 to address other comments raised in the letter from the City dated December 5, 2023; and, 
    3. That this report be forwarded to York Region as the City of Markham’s comments on Bill 162; and further, 
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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".

That By-laws 2024-43 and 2024-45 to 2024-53 be given three readings and enacted.

Three Readings

The proposed by-law amendment applies to a parcel of land located on the north side of Steeles Avenue East and east of Woodbine Avenue. The purpose of this By-law is to rezone the subject lands under By-law 108-81, as amended to permit the sales, service, and open storage of motor vehicles on the site. (Weins Canada Inc., 3120 Steeles Avenue East, PLAN 22 262232)
[Report No. 8 Development Services Committee Public Meeting (February 27, 2023)]

A By-law to amend By-law 2004-196, as amended by 2017-54 amends an area that is located on the east side of Warden Avenue, south of Highway 7.  The purpose of this by-law amendment is to incorporate the lands into the designated area of the Markham Centre Zoning By-law No. 2004-196 and zone them “Markham Centre Public Space One” and “Markham Centre Downtown Two” as shown on Schedule ‘A’ to the by-law, incorporating site specific use permissions and development standards to permit the majority of te property to be developed with a high density residential development. The entire area north of future Rougeside Promenade and portions of the area south of Rougeside Promenade are to be conveyed to the City of Markham as public parkland. (Aryeh Construction Limited, 8293 and 8303 Warden Avenue)


By-law 2024-44 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.3)

A By-law to Amend By-Law 304-87, as amended (to delete lands from the designated area of By-law 304-87) and to amend By-law 177-96, as amended (to incorporate lands into the designated area of By-law 177-96) 
The land affected is located at the southwest corner of Donald Cousens Parkway and 14th Avenue within the Box Grove Community.  The subject lands are zoned Agriculture One (A1) Zone under By-law 304-87, as amended.  The effect of this by-law amendment is to permit a four to six storey residential apartment building on the subject ands.(Regional Municipality of York, Part of Lots 4, 5 and 6, Concession 9, Part 6, 65R-30962, Donald Cousens Parkway and 14th Avenue, ZA 21 120261)
(Item 8.2.2)

A By-law to amend By-law No. 2002-276, being a by-law to impose fees or charges for services or activities provided or done by the City of Markham. (2024 Water/Wastewater Rate) 

A By-law to amend By-law 177-96, as amended applies to a 0.3 ha (0.75 ac) parcel of land located on the east side of Old Kennedy Road and north of Steeles Avenue and to rezone the subject lands to “Neighbourhood Commercial Three Exception 749 Hold [NC3*749(H)] Zone” and to implement site specific development standards to permit a mixed-use high-rise development. (2163321 Ontario Inc. Part of Lot 1, Concession 6, Plan 64R-1706 35-51, Old Kennedy Road, PLAN 23 148834)
(Item 8.1.1)

Being a By-Law to adopt Amendment No. 265 to amend the Official Plan (Revised 1987), as amended, to incorporate Amendment No. 3 to the Main Street Milliken Secondary Plan (PD 2-4) for part of the Risebrough Planning District (Planning District No. 2).(2163321 Ontario Inc. Part of Lot 1, Concession 6, Plan 64R-1706 35-51, Old Kennedy Road, PLAN 23 148834)
(Item 8.1.1)

To amend By-law 2017-27 Keep Markham Beautiful (Maintenance) By-law being a By-law to regulate and prescribe standards for the maintenance of private property and municipal boulevards within the City of Markham

To amend the Noise By-law (2017-74), Property Standards By-law (2017-26), Idling Control By-law (2005-192), Signs By-law (2002-94) and Parks By-law (167-92) being regulatory By-laws within the City of Markham  

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (east side of Cornell Rouge Boulevard, north of Highway 7 East).  This by-law is to exempt the subject block from the part lot control provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended. The  By-law is to facilitate the conveyance of 24 townhouse units. (Ward 5, Cornell Rouge Developments Corp. Blocks 9, 11 and 14 Plan 65M-4674 and Block 18, Plan 65M-4656.)

This is a Zoning By-law to amend by-law 165-80, as amended, (to delete lands from the designated areas of by-law 165-80), and to amend By-law 177-96, as amended, (to incorporate lands into the designated area of by-law 177-96).  It rezones the subject lands under By-law 177-96, as amended, located on the southwest corner of Woodbine Avenue and Lanark Road, municipally known as 8310 Woodbine Avenue in order to permit a one storey multi-unit commercial building on the subject lands.(Ward 8, File No. Plan 22 258667)
(Item 8.2.3)

  • That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters:

14.1.1
CONFIDENTIAL COUNCIL MINUTES - FEBRUARY 28, 2024 [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

 

14.1.2
REQUEST FOR DIRECTION – KINGDOM DEVELOPMENT INC. 4077, 4101, AND 4121 HIGHWAY 7 E. (WARD 3)

 

(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

14.1.3
CONFIDENTIAL UPDATE - FOURO TOWERS BUILDERS LTD. AND SASSON CONSTRUCTION INC., ONTARIO LAND TRIBUNAL APPEALS FOR ZONING BY-LAW AMENDMENT AND SITE PLAN APPLICATIONS TO FACILITATE A MIXED USE DEVELOPMENT

 

CONSISTING OF TWO RESIDENTIAL BUILDINGS (37 AND 42 STOREYS) AND NINE INTEGRATED TOWNHOUSE UNITS AT 9331 TO 9399 MARKHAM ROAD (WARD 5) (LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

14.2
REPORT FROM DEVELOPMENT SERVICES COMMITTEE - MARCH 5, 2024

 

14.2.1
OLT APPEAL BY HILTON MARKHAM SUITES HOTEL LIMITED, APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 8) (10.3, 10.5)

 

(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]
(Item 5.2 and Item 6.4)

14.2.2
REQUEST FOR DIRECTION – OLT APPEAL BY EASTSIDE CHEVROLET GMC BUICK LTD., APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 8) (10.3, 10.5) 

 

(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

14.2.3
REQUEST FOR DIRECTION - ONTARIO LAND TRIBUNAL APPEAL OF DESIGNATION BY-LAW FOR 10159 MCCOWAN ROAD (WARD 6) (16.11.3)

 

(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

  • That By-law 2024-42 be given three readings and enacted.

    Three Readings

    BY-LAW 2024-42 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 20, 2024.
    No attachment

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