Development Services Committee Meeting Minutes

Meeting Number: 18

Tuesday, September 17, 2024 at 9:00 A.m. - 3:00 P.m.

Live streamed

Roll Call

• Mayor Frank Scarpitti
• Deputy Mayor Michael Chan
• Regional Councillor Jim Jones
• Regional Councillor Joe Li
• Regional Councillor Alan Ho
• Councillor Keith Irish
• Councillor Ritch Lau
• Councillor Reid McAlpine
• Councillor Karen Rea
• Councillor Andrew Keyes
• Councillor Amanda Collucci
• Councillor Juanita Nathan
• Councillor Isa Lee

Staff

• Andy Taylor, Chief Administrative Officer
• Arvin Prasad, Commissioner, Development Services
• Trinela Cane, Commissioner, Corporate Services
• Morgan Jones, Commissioner, Community Services
• Claudia Storto, City Solicitor and Director of Human Resources
• Joseph Silva, Treasurer
• Maggie Cheung-Madar, Assistant City Solicitor
• Giulio Cescato, Director, Planning & Urban Design
• Darryl Lyons, Deputy Director, Planning & Urban Design
• Frank Clarizio, Director, Engineering
• Stephanie DiPerna, Director, Building Standards
• Mark Visser, Senior Manager, Financial Strategy & Investments
• Hristina Giantsopoulos, Election & Committee Coordinator
• Jason Yang, Information Technology Services
• Anushrut Bharadwaj, Assistant to Council & Committee
• Jennifer Evans, Legislative Coordinator

​Alternate formats for this document are available upon request

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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.

Development Services Committee convened at 9:11 AM with Regional Councillor Jim Jones presiding as Chair.  

The Committee recessed for lunch at 12:45 from Confidential Session and reconvened into Confidential Session at 1:31 PM with Regional Councillor Joe Li presiding as Chair.  Regional Councillor Jim Jones did not return to the meeting after lunch.

2.

DISCLOSURE OF PECUNIARY INTEREST

Councillor Karen Rea declared a conflict in relation to item 10.4 and did not participate in the discussion or vote on the matter.

 

3.

APPROVAL OF PREVIOUS MINUTES

3.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - JUNE 18 AND JULY 16, 2024 (10.0)

• Moved by Regional Councillor Alan Ho
  Seconded by Councillor Isa Lee
  1. That the minutes of the Development Services Committee meeting held on June 18, and July 16, 2024, be confirmed.
  Carried

3.2

SPECIAL DEVELOPMENT SERVICES COMMITTEE MINUTES - JUNE 25 AND JULY 3, 2024 (10.0)

• Moved by Regional Councillor Alan Ho
  Seconded by Councillor Isa Lee
  1. That the minutes of the Special Development Services Committee meeting held on June 25 and July 3, 2024 be confirmed.
  Carried

4.

PRESENTATIONS

4.1

PRESENTATION OF SERVICE AWARDS (12.2.6)

The Development Services Committee recognizes the following members of staff:

Chief Administrative Office - Fire & Emergency Services
Kirk Berthiaume, Training Officer, Fire & Emergency Services, 15 years
James Douma, Firefighter, Fire & Emergency Services, 15 years
Rebecca Ellis, Firefighter, Fire & Emergency Services, 15 years
Blair Gallant, Captain, Fire & Emergency Services, 15 years
Angela Hrkac, Captain, Fire & Emergency Services, 15 years
Andrew Ireland, Firefighter, Fire & Emergency Services, 15 years
Samuel Kim, Firefighter, Fire & Emergency Services, 15 years
Matthew McKnight, Firefighter, Fire & Emergency Services, 15 years
Roman Mosor, Firefighter, Fire & Emergency Services, 15 years, 
Colin Rose, Firefighter, Fire & Emergency Services, 15 years
David McCartney, Firefighter, Fire & Emergency Services, 15 years
Connie Pearson, Firefighter, Fire & Emergency Services, 10 years

Community Services Commission
Kevin Hicks, Facility Operator III, Recreation Services, 35 Years
Kevin Beck, General Repair/ Chief Operator, Recreation Services, 25 Years
Donald Roe, Supervisor, Community Program, Recreation Services, 20 years
Janet Beatty, Community Program Coordinator AQPR, Recreation Services, 10 Years
Kevin Langendyk, Supervisor, Community Facility, Recreation Services, 5 Years

Corporate Services Commission
Mark Visser, Senior Manager, Strategy, Innovation & Investments, Financial Services, 25 years
Laura Gold, Council/ Committee Coordinator, Legislative Services, 20 years
Jay Pak, Senior Manager, Financial Planning & Reporting, Financial Services, 10 years
Young Jang, Senior Cyber Specialist, Security Specialist, Information Technology Services, 5 years
Premkumar Natarajan, IT Solutions Specialist, Information Technology Services, 5 years

Development Services Commission
Darryl Lyons, Deputy Director, Planning and Urban Design, 5 years

Mayor Scarpitti, Andy Taylor, Chief Administrative Officer, Claudia Storto, City Solicitor, Morgan Jones, Commissioner of Community Services, Trinela Cane, Commissioner, Corporate Services, and Arvin Prasad, Commissioner, Development Services, recognized staff members who have achieved service milestones.   

5.

DEPUTATIONS

The Committee heard deputations in relation to items 8.3, 10.3. and 10.5.  Please refer to the individual items for details.

6.

COMMUNICATIONS

6.1

COMMUNICATION - RECOMMENDATION REPORT, 8350 KENNEDY LTD. (C/O GOLDBERG GROUP) APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT TWO MIXED-USE 

BUILDINGS CONSISTING OF 28 AND 24 STOREYS AT 8350 KENNEDY ROAD, IN MARKHAM CENTRE (WARD 3) FILE PLAN 23 118558 (10.5, 10.7)
(ITEM 10.3)

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Amanda Collucci
  1. That the written submission from Michelle and Darryl Smith, be received.
  Carried

6.2

COMMUNICATION - RECOMMENDATION REPORT, DRAFT PLAN OF SUBDIVISION APPLICATION SUBMITTED BY 1628740 AND 1628741 ONTARIO INC. TO PERMIT A 32-UNIT RESIDENTIAL SUBDIVISION AT 2716 AND 2730 ELGIN MILLS ROAD EAST (WARD 2) FILE PLAN 23 150156 (10.7)

(ITEM 10.5)

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Amanda Collucci
  1. That the written submission from James Stevenson, be received.
  Carried

7.

PETITIONS

There were no petitions.

8.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

8.1

VARLEY-MCKAY ART FOUNDATION OF MARKHAM MINUTES – APRIL 8, AND MAY 13, 2024 (16.0)

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Karen Rea
  1. That the minutes of the Varley-McKay Art Foundation of Markham meetings held April 8 and May 13, 2024, be received for information purposes.
  Carried

8.2

RECOMMENDATION REPORT – DESIGNATION OF PRIORITY PROPERTIES – PHASE XIII (16.11.3)

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Karen Rea
  1. That the Staff report, dated September 17, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XIII”, be received; and,
  2. That the June 14, 2023, recommendation from the Heritage Markham Committee, in support of the designation of the following properties under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information:  
     •    3693 Elgin Mills Road East (Ward 2): “John Doner/Toll House”
     •    4272 Fourteenth Avenue (Ward 8): “John and Sarah Hagerman House”
     •    3812 Nineteenth Avenue (Ward 6): “Wideman-Cober House”
     •    7530 Ninth Line (Ward 7): “Abram and Margaret Raymer House”; and,
  3. That Council state its intention to designate 3693 Elgin Mills Road East (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  4. That Council state its intention to designate 4272 Fourteenth Avenue (Ward 8) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  5. That Council state its intention to designate 3812 Nineteenth Avenue (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  6. That Council state its intention to designate 7530 Ninth Line (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  7. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
  8. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the matter return to Council for further consideration; and further,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.3

RECOMMENDATION REPORT – OBJECTIONS TO NOTICES OF INTENTION TO DESIGNATE – PHASE X AND XI PROPERTIES (16.11.3)

The Committee heard the following deputations:

• Gail Yu, owner of 15 Victoria Street, Markham, expressed her opposition to her property being included on the City's intention to designate under Part IV, Section 29 of the Ontario Heritage Act list. 
• Martin Mazierski lawyer for the owner of 9418 Kennedy Road expressed in opposition of the property being included on the City's intention to designate under Part IV, Section 29 of the Ontario Heritage Act list. 

The Committee discussed the impact heritage designation may have on a property in the future with respect to repairs and the timing of the next steps. 

Staff reviewed some of the rational used to assess the properties and confirmed that the interior is not protected under the criteria.  He further indicated that if Council agrees to proceed with the designation and approves the bylaw then the homeowners may appeal the by law designation with the Ontario Land Tribunal. 

• Moved by Councillor Karen Rea
  Seconded by Councillor Reid McAlpine
  1. That the Staff report, dated September 17, 2024, titled "RECOMMENDATION REPORT, Objections to Notices of Intention to Designate – Phase X and XI Properties”, be received; and,
  2. That the written objection to designation under the Ontario Heritage Act as submitted by or on behalf of the property owners of 9418 Kennedy Road (Ward 6) and 15 Victoria Street (Ward 2), be received as information; and,
  3. That the deputation from Gail Yu and Martin Mazierski be received;
  4. That Council affirm its intention to designate 9418 Kennedy Road (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  5. That Council affirm its intention to designate 15 Victoria Street (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  6. That the Clerk’s Department be authorized to place designation by-laws before Council for adoption; and,
  7. That the Clerk’s Department be authorized to publish and serve notice of Council’s adoption of the designation by-laws as per the requirements of the Ontario Heritage Act; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.4

2024 APPLICATION TO THE GROWING CANADA'S COMMUNITY CANOPIES FUND BY FRIENDS OF THE ROUGE WATERSHED (10.0)

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Karen Rea
  1. That the memorandum dated September 17, 2024, and titled “2024 Application to the Growing Canada’s Community Canopies Fund by Friends of the Rouge Watershed” be received; and,
  2. That the City of Markham supports the Friends of the Rouge Watershed’s application to the Growing Canada’s Community Canopies Fund, named “Volunteers Reforesting City of Markham Parklands to Reduce Climate Change, Flooding and Pollution, and Conserve Biodiversity” in the City of Markham; and,
  3. That the City of Markham acknowledges that the Friends of the Rouge Watershed is applying for a funding opportunity from the Federation of Canadian Municipalities’ Growing Canada’s Community Canopies initiative for “Volunteers Reforesting City of Markham Parklands to Reduce Climate Change, Flooding and Pollution, and Conserve Biodiversity”, in partnership with the City of Markham. The City of Markham also recognizes that the lifetime contribution from the Growing Canada’s Community Canopies Initiative will not exceed $10 million for tree planting within our municipality, inclusive of a maximum contribution of $1 million for infrastructure activity costs, and that if approved this project will be counted towards that limit; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.5

ADDITIONAL FUNDING REQUEST FOR LANDSCAPE ARCHITECT CONSULTING SERVICES AT CORNELL COMMUNITY PARK - DESIGN

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Karen Rea
  1. That the report titled Additional Funding Request for Landscape Architect Consulting Services at Cornell Community Park – Design be received; and,
  2. That Purchase Order PD 15162 issued to Schollen and Company for the contract administration related to Cornell Community Park be increased by $213,405.53, inclusive of HST, to cover project costs that were outside the consultant’s initial scope of work; and,
  3. That the additional project costs in the amount of $213,405.53 be funded from the following funding sources;
     1. Project account# 081-5350-15002-005 Cornell Community Park ($82,156.89)
     2. Design Capital Contingency Account ($118,123.78)
     3. Non-DC Capital Contingency Account ($13,124.86); and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.

PRESENTATIONS - TRANSPORTATION AND INFRASTRUCTURE MATTERS

9.1

CITYWIDE PARKING STRATEGY – GOVERNANCE STRUCTURE AND FINANCIAL MODEL - PROGRESS UPDATE #2 (5.0)

Arvin Prasad, Commissioner, Development Services, provided opening remarks to indicate that staff are requesting that the Committee support the draft principles for a municipal parking governance structure and financial model within the Citywide Parking Strategy (CWPS) framework.  

Sharon Sterling, consultant, presented the overall project objectives and proposed parking policies, organizational structure and governance recommendations. She noted that the next steps include implementing and monitoring the strategy this fall and that a final report is expected in Q4 2024 or Q1 2025. 

The Committee discussed the following in relation to the presentation: 

• Concerns with how this strategy will solve the current parking problems in the City;
• That there be consideration to build transit corridors to enable transit versus parked cars;
• That public transit needs to be promoted;
• The timing for when the solutions will be finalized;
• The number of parking spots that would be required in a condominium building;
• The impact of paid on street parking and that of non-paid parking in certain zones;
• The continuance of overnight parking
• The reasoning behind no paid parking on private property; and,
• That there are unique parking needs across City wards and concerns with how they will be addressed.

Staff advised that the City is taking a strategic approach to provide parking standards across the City and that there are competing interests that staff are managing through the various initiatives such as paid public parking in specific areas or developing curbside management on street parking.   

Staff further advised that the current legislation does not provide a minimum number of parking spaces and that it is difficult to apply a standard across the City when there are Provincial limitations to do so.  There will be additional strategic policy development with specific actions as the current implementation plan is monitored.    

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Juanita Nathan
  1. That the report and presentation titled “Citywide Parking Strategy – Governance Structure and Financial Model - Progress Update #2” be received; and,
  2. That Council endorse the draft principles on municipal parking governance structure and financial model to support the Citywide Parking Strategy as follows:
     1. Create adaptive area-specific policies, standards, and programs that align with the City’s commitment to providing residents, visitors, and businesses with an efficient, safe, equitable, reliable, and convenient transportation system and support the City’s transformation into a more sustainable, multimodal, and livable city;
     2. Balance between revenue optimization and community benefits in meeting the City’s strategic objectives;
     3. Maintain City control over planning, operations, and financial objectives;
     4. Optimize the integration of parking into the overall transportation network in achieving alternative mobility management services for residents, workers, and visitors;
     5. Develop parking policies, procedures and guidelines that provide accountability, traceability of decisions, and openness within the parking governance model for residents and visitors;
     6. Provide public parking services where revenue covers all parking costs with no contribution from the property tax base; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

10.

REGULAR REPORTS - DEVELOPMENT AND POLICY MATTERS

10.1

HERITAGE MARKHAM COMMITTEE MINUTES – AUGUST 14, 2024 (16.11)

Note: Committee has the option to endorse, amend, refer to staff or receive for information the following recommendation from the August 14, 2024 Heritage Markham Committee meeting:

WHEREAS the Thornhill Heritage Conservation District Plan, the Thornhill Yonge Street Study (2005) and the City of Markham’s Official Plan (2014) each address ways how cultural heritage resources within and adjacent to the Conservation District are to be protected; and,

WHEREAS the City of Markham is presently studying the Yonge Corridor to determine the land use, parks, infrastructure, and community amenities (including schools) needed to support future growth; and,

WHEREAS the terms of reference for the Yonge Corridor Secondary Plan specifically exclude the Heritage District but require that it ensure compatibility with the Thornhill Heritage Conservation District, namely the distinct character of the heritage buildings, sites and landscapes within the District; and,

Therefore, now be it resolved:

That the maximum height provisions in the Official Plan specific to the Area and Site Policies for the Thornhill Heritage Centre be added to the Thornhill Heritage Conservation District Plan; and further,

That the Heritage Markham Committee supports the final Yonge Corridor Secondary Plan including policies that specifically address development/re-development - including urban design, built form, land uses and appropriate and respectful transitions - adjacent to the boundaries of the Thornhill Heritage Conservation District.

The Committee endorsed the recommendation from the Heritage Markham Committee.  

• Moved by Councillor Keith Irish
  Seconded by Councillor Karen Rea
  1. That the minutes of the Heritage Markham Committee meeting held August 14, 2024, be received for information purposes.
  Carried

10.2

STEELCASE ROAD WEST PUBLIC ART WALL (6.5)

Arvin Prasad, Commissioner, Corporate Services, introduced the item and indicated that staff are requesting approval for an agreement between the City and Steelcase Road West in relation to three consecutive works of art that will be printed on vinyl and mounted on concrete that will be located on the west side of Woodbine Avenue, two blocks north of Steeles Avenue.  He noted that this project meets the goals under the City’s Gateway Master Plan (2020). Niamh O'Laoghaire, Director, Varley Art Gallery, made a presentation that outlined details of the agreement between the City and Steelcase as well as the specifications of the art wall installment.

The Committee made the following inquiries in relation to the public art wall and agreement:

• The rationale used to select vinyl as the medium to print the art on;
• The ability to change the art displays and use the wall for City event promotion;
• The direction the artwork will face and whether it will be a distraction for drivers;
• The ease and cost of maintenance of the artwork and wall;
• Concerns with the format presented; and,
• A suggestion that there is legalized graffiti on a periodic basis at specific locations such as under the railway bridge and that artists apply to present their works;

Staff responded to the Committee’s inquiries and indicated that vinyl is being used as it is affordable and any imagery can be printed on it and in the event of damage, it is easily repaired. 

• Moved by Councillor Isa Lee
  Seconded by Councillor Juanita Nathan
  1. That the report entitled Steelcase Road West Public Art Wall be received; and,
  2. That staff’s recommendation that the City enter into an Art Wall agreement with Steelcase Road West be approved; and,
  3. That the budget of $80,000 for two iterations of the Steelcase Road West Public Art Wall to be funded from the Public Art Reserve Fund be approved; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

10.3

RECOMMENDATION REPORT, 8350 KENNEDY LTD. (C/O GOLDBERG GROUP) APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT TWO MIXED-USE BUILDINGS CONSISTING OF 

28 AND 24 STOREYS AT 8350 KENNEDY ROAD, IN MARKHAM CENTRE (WARD 3) FILE PLAN 23 118558 (10.5, 10.7)
(ITEM 6

Arvin Prasad, Commissioner, Development Services introduced the report and indicated that the development application is for two mixed-use buildings that will have a total of 769 units and a maximum of 24 and 28 storeys for each building.  He introduced, Todd Trudell, Goldberg Group, who presented the updated proposed development.  

The Committee expressed that this is a reasonable application for the site and requested that there by a requirement to connect the site to the park.

Staff confirmed that they are working diligently with the developer and the Toronto and Region Conservation Authority to establish a pedestrian connection through the site plan process. 

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Juanita Nathan
  1. That the report dated September 17, 2024, titled, “RECOMMENDATION REPORT, 8350 Kennedy Ltd. (c/o Goldberg Group), Applications for Official Plan and Zoning By-law Amendment to permit two mixed-use buildings consisting of 28 and 24 storeys at 8350 Kennedy Road, in Markham Centre (Ward 3), File PLAN 23 118558”, be received; and,
  2. That the deputation from Todd Trudelle be received; and,
  3. That the written communication from Michelle and Darryl Smith be received; and,
  4. That the Official Plan Amendment application submitted by 8350 Kennedy Ltd. be approved and that the draft Official Plan Amendment, attached hereto as Appendix ‘A’, be finalized and brought to a future Council meeting for adoption without further notice; and,
  5. That the Zoning By-law Amendment application submitted by 8350 Kennedy Ltd. be approved and the draft Zoning By-law, attached hereto as Appendix ‘B’, be finalized and brought to a future Council meeting for enactment without further notice; and,
  6. That servicing allocation for 769 residential units be assigned to the proposed development; and,
  7. That the City reserves the right to revoke or reallocate the servicing allocation should the development not proceed within a period of three (3) years from the date that Council assigned servicing allocation; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 
      
  Carried

10.4

RECOMMENDATION REPORT, CITY PARK (TOWN CRIER) HOMES INC. AT 7 TOWN CRIER LANE, APPLICATION FOR DRAFT PLAN OF SUBDIVISION TO CREATE ONE DEVELOPMENT BLOCK TO FACILITATE 25 SINGLE DETACHED DWELLINGS

AT 7 TOWN CRIER LANE, NORTH OF HIGHWAY 7 AND EAST OF MARKHAM MAIN STREET (WARD 4) FILE PLAN 24 162092 (RELATED FILE PLAN 23 131107) (10.7)

Councillor Karen Rea declared a conflict in relation to item 10.4 and did not participate in the discussion or vote on the matter.

Arvin Prasad, Commissioner, Development Services addressed the Committee to provide opening remarks and indicated that staff recommend approval of the application to create 25 single detached dwellings.  Mr. Prasad also noted that staff received the Draft Plan of Subdivision Application on April 19, 2024 and that the Application was deemed complete on April 25, 2024 and that currently the applicant is in a position to appeal the application to the Ontario Land Tribunal for a non decision on the matter.  

A representative for the applicant, Town Park Homes made a brief presentation that outlined the subdivision and home designs.   

• Moved by Councillor Andrew Keyes
  Seconded by Regional Councillor Joe Li
  1. That the report dated September 17, 2024, 2023 titled, “RECOMMENDATION REPORT, City Park (Town Crier) Homes Inc., Application for Draft Plan of Subdivision to create one development block to facilitate 25 single detached dwellings at 7 Town Crier Lane, north of Highway 7 and east of Markham Main Street (Ward 4) File PLAN 24 162092 (Related File PLAN 23 131107)”, be received; and,
  2. That the Draft Plan of Subdivision 19TM-24001 application be approved in principle subject to conditions attached hereto as Appendix ‘A’; and,
  3. That the Director of Planning and Urban Design or designate, be the 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 designate; and,
  4. That Draft Plan approval for Draft Plan of Subdivision 19TM-24001 application lapse after a period of three (3) years from the date of Draft Plan approval by the Director of Planning and Urban Design or designate in the event that a Subdivision Agreement is not executed within that period; and,
  5. That servicing allocation for a maximum of 25 units be assigned to Draft Plan of Subdivision 19TM-24001; and,
  6. That the City reserves the right to revoke or reallocate servicing allocation should the proposed development not proceed within a period of three (3) years from the date that Council assigned servicing allocation; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.  
  Carried

10.5

RECOMMENDATION REPORT, DRAFT PLAN OF SUBDIVISION APPLICATION SUBMITTED BY 1628740 AND 1628741 ONTARIO INC. TO PERMIT A 32-UNIT RESIDENTIAL SUBDIVISION AT 2716 AND 2730 ELGIN MILLS ROAD EAST (WARD 2) FILE PLAN 23 150156 (10.7)

Arvin Prasad, Commissioner Development Services addressed the Committee to provide opening remarks and introduce Billy Tung, a representative of the applicant, who was in attendance to present details of the application.  

The Committee heard a deputation from James Stevenson who expressed concerns with the initial designation of the subject lands, the subsequent conversion of these lands and requested that the City amend condition 11.1 in the recommendation. 

Staff suggested that there may be a way to work out this matter with all parties by way of a letter of clearance from the trustees. 

There was discussion on the process to assign costs, the appropriateness for the City to be involved in this dispute between landowners and whether it is possible to reach an agreement by the September 25, 2024 Council meeting.  The Committee made inquiries that required convening into confidential session to receive legal advice. 

Claudia Storto, City Solicitor indicated that municipalities try to balance the costs of developing a subdivision and that the City is trying to balance the burden of the first land owner going in that later benefits the others joining after.  Ms. Storto advised that the City does not have a legal obligation in this matter but that a solution is possible.

Councillor Lau removed his seconding of the main motion.  The Committee consented to the deferral of this matter to the September 25, 2024 Council meeting.  

• Moved by Councillor Keith Irish
  Seconded by Councillor Ritch Lau
  1. That the report titled, “RECOMMENDATION REPORT, Draft Plan of Subdivision application submitted by 1628740 and 1628741 Ontario Inc. to permit a 32-unit residential subdivision at 2716 and 2730 Elgin Mills Road East (Ward 2), File PLAN 23 150156”, be received; and,
  2. That the deputation and written correspondance from James Stevenson be received; and,
  3. That the deputation from Billy Tung be received; and,
  4. That the Draft Plan of Subdivision 19TM-23009 be approved in principle, subject to the draft conditions set out in Appendix ‘A’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to the satisfaction of the Director, Planning and Urban Design; and,
  5. That the Director of Planning and Urban Design, or 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 designate; and,
  6. That Draft Plan Approval for Draft Plan of Subdivision 19TM-23009 will lapse after a period of three years from the date of Council approval 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. 
• Moved by Councillor Ritch Lau
  Seconded by Deputy Mayor Michael Chan

  That this matter be deferred to the September 25, 2024 Council Meeting Agenda.  

  Carried
• Moved by Councillor Ritch Lau
  Seconded by Councillor Juanita Nathan

  That Development Services Committee convene into Confidential Session to receive legal advice at 12:32 PM. 

  Carried

11.

MOTIONS

There were no motions.

12.

NOTICES OF MOTION

There were no notices of motion. 

13.

NEW/OTHER BUSINESS

There was no new or other business. 

14.

ANNOUNCEMENTS

There were no announcements.

15.

CONFIDENTIAL ITEMS

Development Services Committee convened into confidential session at 12:45 PM and returned to open session at 2:43 PM.  The Committee consented to place items 15.1.1, 15.1.2 and 15.2.1 on the September 25, 2024, Confidential Council Meeting Agenda for consideration.

• Moved by Councillor Ritch Lau
  Seconded by Councillor Juanita Nathan

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

  Carried

15.1

DEVELOPMENT AND POLICY MATTERS

15.1.1

REQUEST FOR DIRECTION REGARDING METROPIA MINTO (SIXTEENTH) HOLDINGS 4134 16TH AVENUE (YORK DOWNS EAST) OLT APPEAL (WARD 6) (8.0)

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

The Committee consented to place this item on the September 25, 2024, Confidential Council Meeting Agenda for consideration.

15.1.2

OLT APPEAL BY TERRABONA 7115 YONGE LTD. OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 1)

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

The Committee consented to place this item on the September 25, 2024, Confidential Council Meeting Agenda for consideration. 

15.2

UNIONVILLE SUB-COMMITTEE - SEPTEMBER 16, 2024

This matter was referred from the Unionville Sub-committee on September 16, 2024

15.2.1

HILTON MARKHAM SUITES HOTEL LIMITED (CURRENTLY UNDER APPEAL AT THE ONTARIO LAND TRIBUNAL - OLT - 24-000009)

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

Proposal to Permit a High Density Residential Mixed-Use Development, a New Public Park, and the Retention of the Existing Hotel Southwest Corner of Warden Avenue and Highway 7, 8500 Warden Avenue (Ward 8) File PLAN 20 128653.

The Committee consented to place this item on the September 25, 2024, Confidential Council Meeting Agenda for consideration. 

15.3

DEVELOPMENT SERVICES COMMITTEE

15.3.1

LEGAL ADVICE RE: RECOMMENDATION REPORT, DRAFT PLAN OF SUBDIVISION APPLICATION SUBMITTED BY 1628740 AND 1628741 ONTARIO INC. TO PERMIT A 32-UNIT RESIDENTIAL SUBDIVISION AT 2716 AND 2730 ELGIN MILLS ROAD EAST (WARD 2) FILE PLAN 23 150156 (10.7)

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD, ADVICE THAT IS SUBJECT TO SOLICITOR CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (WARD 5) (7.11) [Municipal Act, 2001, Section 239 (2) (e)(f)]

16.

ADJOURNMENT

The Committee adjourned from confidential session and reconvened into open session at 2:45 PM.

 

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Juanita Nathan

  That Development Services Committee adjourn at 2:45 PM.

  Carried