Development Services Committee Meeting Minutes

Meeting Number: 16
-
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
  • Morgan Jones, Commissioner, Community Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Giulio Cescato, Director of Planning & Urban Design
  • Frank Clarizio, Director, Engineering
  • Alain Cachola, Senior Manager, Infrastructure and Capital Projects
  • Darryl Lyons, Deputy Director, Planning & Urban Design
  • Laura Gold, Council/Committee Coordinator
  • Erica Alligood, Election & Committee Coordinator
  • Chris Rickett, Director, Economic Development, Culture and Entrepreneurship
  • Rajeeth Arulanantham, Assistant to Council / Committee
  • Clement Messere, Manager, Planning & Urban Design
  • Jennifer Kim, Senior Planner

Alternate formats for this document are available upon request


The Special Development Services Committee convened at 9:31 AM with Regional Councillor Jim Jones in the Chair.

The Committee recessed from 12:24 PM to 1:00 PM.

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.

There were no disclosures of pecuniary interest.

  • Moved byRegional Councillor Alan Ho
    Seconded byCouncillor Isa Lee
    1. That the minutes of the Development Services Committee meeting held May 30, 2023, be confirmed.
    Carried

10978, 10988, AND 11030 VICTORIA SQUARE BOULEVARD AND BLOCKS 97, 98, AND PART OF BLOCK 95, PLAN 65M-4328 (WARD 2) FILE PLAN 20 112387 (10.3, 10.5)

Note: Please refer to item 8.2 for staff report.

TO PERMIT 174 TOWNHOUSE UNITS AT 10978, 10988, AND 11030 VICTORIA SQUARE BOULEVARD AND BLOCKS 97, 98, AND PART OF BLOCK 95, PLAN 65M-4328 (WARD 2) FILE PLAN 20 112387 (10.3, 10.5)

Note: Please refer to item 8.2 for staff report.

  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the communications submitted by Austen Ho, Barry Yen, Daphne Chan, Darlene Shum, Emanuela de Korte, Jak Sun Yee, Wilson Lau and Veronica Chan providing comments regarding the above subject matter be received.
    Carried

Note: Please refer to item 7.2 for staff report.

  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the communication submitted by George Le Donne providing comments regarding the above subject matter be received.
    Carried

Note: Please refer to item 8.3 for staff report.

  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the communications submitted by Evans Planning, Goodmans LLP, BILD, and BRL Realty Inc. providing comments regarding the above subject matter be received.
    Carried

10978, 10988, AND 11030 VICTORIA SQUARE BOULEVARD AND BLOCKS 97, 98, AND PART OF BLOCK 95, PLAN 65M-4328 (WARD 2) FILE PLAN 20 112387 (10.3, 10.5)

Note: Please refer to item 8.2 for staff report. 

  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the petition submitted by Austen Ho related to the above subject matter be received.
    Carried
  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the minutes of the Development Services Public Meeting held May 9, 2023 and May 23, 2023, be confirmed.
    Carried

Commissioner Prasad noted that a communication was received from the owner of 10737 Victoria Square Blvd requesting a six-month deferral of designation of his property. 

  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the Staff report, dated June 13, 2023, titled "RECOMMENDATION REPORT – Designation of Priority Heritage Properties – Phase I”, be received; and,
    2. That the written submission from George LeDonne, owner of 10737 Victoria Square Blvd be received; and,
    3. That the May 10, 2023, recommendation from the Heritage Markham Committee, in support of the designation of 5474 19th Avenue (Ward 6), 7822 Highway 7 East (Ward 5), 53 Dickson Hill Road (Ward 5), 14 Heritage Corners Lane (formerly 10062 Highway 48) (Ward 4), 10729 Victoria Square Blvd (Ward 2) and 10737 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information; and,
    4. That Council state its intention to designate 5474 19th Avenue (Ward 6), 7822 Highway 7 East (Ward 5), and 53 Dickson Hill Road (Ward 5), 14 Heritage Corners Lane (formerly 10062 Highway 48) (Ward 4), 10729 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of their cultural heritage significance; and,
    5. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
    6. 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,
    7. 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,
    8. That if the intention to designate proceeds and there are any appeals of the designation by-law, the Clerk’s Department be directed to refer the proposed designation to the Ontario Land Tribunal (“OLT”); and further,
    9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Ritch Lau
    1. That the designation of 10737 Victoria Square Blvd (Ward 2) be deferred for consideration at a future Development Services Committee meeting.
    Carried
  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine
    1. That the report entitled “Victoria Square Boulevard – Sanitary Sewer and Watermain Improvements” be received; and,
    2. That Engineering Capital account 23113, approved by Council for road construction in the amount of $20M, be increased by the amount of $627,300.00 for the Victoria Square Boulevard local sanitary sewers and service connections to the sanitary and watermain; and,
    3. That the amount of $627,300.00 referenced in recommendation #2 be up-fronted from the Life Cycle Replacement Fund and be recovered from the seventeen (17) benefitting property owners with appropriate interest, if applicable; and,
    4. That staff proceed with including the scope of work for the sanitary sewer and lateral service connections for the 17 properties in the overall project construction tender for the Victoria Square Boulevard Reconstruction work as a provisional item; and,
    5. That if as a result of the tender process, the final project cost from the bid price is greater than the estimated cost ($627,300.00) by 10% ($690,030.00) or more, the City will seek further commitment for the increased costs from the benefitting owners, with minimum support required from 12 of the 17 (70%) owners, in order to proceed to construction; and,
    6. That the benefiting property owners be allowed to have the option of paying the full amount of their allocated construction project costs at the time of the completion of work or in installments on their tax bill with interest; and,
    7. That the necessary By-law to levy the associated cost against each benefitting property be prepared in accordance with the requirements of Section 391 of the Municipal Act and be forwarded to Council for adoption when the final construction cost of the project has been determined; and,
    8. That the total project costs, including actual construction costs, all the engineering and related administrative costs by the City for detailed design and construction, be recovered in accordance with the requirements of Section 391 of the Municipal Act 2001 and the by-law approved by Council; and,
    9. That the Mayor and Clerk be authorized to execute an agreement with the owner of 3009 Elgin Mills Rd. to pay the City an amount of $77,000.00 for the City to construct additional sanitary, storm and water services for the future re-development on this property; and further,
    10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

P. Wokral, ext. 7955

Arvin Prasad, Commissioner, Development Services, advised that this is related to an application for a zoning by-law amendment, noting that the applications became dormant as the applicant was not satisfied with the draft bylaw amendment which only supported uses and conformity specified within the Official Plan with a holding provision recommended for driveway widening should they wish to pursue medical offices. 

Joanna Fast, Evans Planning, advised that she was brought onto the application recently, advising that the application was placed on hold as the original Owner passed away. Ms. Fast requested deferral of the current application to a future meeting as the current Owner wishes to work with Staff on an Official Plan Amendment to explore redesignated the property to a mixed-use heritage designation, allowing for additional uses. 

The Committee asked how purchasers of legally non-conforming properties would be made aware that the property is not in conformity. Commissioner Prasad confirmed that any purchaser would need to do their own due diligence, noting that the City would advise that there is a current application on file should a potential purchaser inquire. 

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Andrew Keyes
    1. That this item be deferred to a future Development Services Committee meeting. 
    Carried
  • The Committee had before it this original recommendation which was not voted on at this time:

    1. That the report dated June 13, 2023 titled “RECOMMENDATION REPORT, 1377402 Ontario Inc., Application for Zoning By-law Amendment to permit Business Office, and Additional Residential Uses, 162 Main Street North, Markham Village (Ward 4), File No. ZA 15 147635, SC 15 147635”, be received; and,
    2. That the record of the Public Meeting held on June 16, 2015, regarding the application submitted by 1377402 Ontario Inc. to amend Zoning By-law 1229, as amended, be received; and,
    3. That the Zoning By-law Amendment application ZA 15 147635 submitted by 1377402 Ontario Inc. to amend Zoning By-law 1229, as amended, to permit business office uses, and additional residential uses at 162 Main Street North and to amend the development standards to permit the existing parking lot be approved, and the draft By-law attached as Appendix ‘B’ be finalized and enacted without further notice; and,
    4. That the Site Plan application SC 15 147635 submitted by 1377402 Ontario Inc. to permit the existing parking lot at 162 Main Street North, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,
    5. That Site Plan application SC 15 147635 be delegated to the Director of Planning and Urban Design or designate, to be issued following execution of a Site Plan Agreement and Site Plan Approval is issued only when the Director, or designate, has signed the site plan; and further,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

       

10978, 10988, AND 11030 VICTORIA SQUARE BOULEVARD AND BLOCKS 97, 98, AND PART OF BLOCK 95, PLAN 65M-4328 (WARD 2) FILE PLAN 20 112387 (10.3, 10.5)

Arvin Prasad, Commissioner, Development Services, introduced this item advising that it is related to an application for Official Plan and Bylaw Amendment to facilitate the development of 174 townhouse units on Victoria Square Blvd. Commissioner Prasad advised that the development will be serviced by a condominium corporation and include the extension of a private road. Commissioner Prasad introduced James Koutsovitis to deliver a presentation.

James Koutsovitis, Planner, Gatzios Planning + Development Consultants Inc., delivered a presentation. 

Austen Ho, Deputant, representing residents of the surrounding community, expressed disappointment with the current application at this site. Mr. Ho noted that this neighbourhood was intended to be a low-density neighbourhood, expressing significant concerns with the number of dwellings included in the application, noting that it will further add to current neighbourhood challenges related to public resources such as inconsistent garbage collections, crowded schools, theft, parking disputes due to lack of parking, and increased traffic. Mr. Ho expressed support for development on the subject property but requested that developments be reasonable and in-line with the existing neighbourhood, which he noted is not displayed through the proposed townhomes and condominiums. 

Emanuala De Korte, Deputant, who resides to the South of the proposed development, supported the development of the subject property, which was originally proposed as 24 dwellings. Ms. De Korte expressed concerns with the density of the proposal as the neighbourhood was under the belief that this would be low-density housing and noted concerns regarding the environmental impacts and impacts on infrastructure due to increased traffic. 

Shita Ngan, Deputant, resident in the subject neighbourhood, expressed concerns with existing services in the area and the lack of daycare options nearby. Ms. Ngan expressed her belief that the proposed number of dwellings may further impact the services and infrastructure in the area due to the resulting population increase. 

Min Lei, Deputant, lived for a couple years, unmarried, now young professional with young kids, concerned that young kids playing in the area will be impacted by the construction and density. 

Giulio Cescato, Director, Planning & Urban Design, clarified that the two condominiums noted by the deputant are not included in this application. Mr. Cescato advised that the current application is comprised of 174 units of both stacked and conventional townhomes on 3.3 acres.

The Committee provided the following feedback:

  • Asked for the rationale of the change from the proposal for 24 detached dwellings to what is currently proposed. Mr. Koutsovitis advised that due to the contamination on the site, the building form must be more dense noting that the project would become unviable if reverted to the 24 dwellings. 
  • Questioned the extent of the contamination on site. Mr. Cescato advised that he believes the contamination is extensive and believes the source is off-site. Mr. Koutsovitis advised that the contamination is underground, noting that the underground parking garage is intended to provide a barrier to the contamination. 
  • Asked when the contamination would need to be remediated by. Commissioner Prasad advised that the Ministry is required to provide a record of site conditions which is required to be received prior to issuance of building permits. 
  • Questioned if the change to the proposal is related to Provincial Bill 23. Commissioner Prasad confirmed that the revised proposal is in line with Provincial interests, noting that they are not the approval authority on this application. 
  • Inquired about parkland provisions within this application. Commissioner Prasad advised that cash-in-lieu will likely be provided as part of the proposal. 
  • Moved byCouncillor Ritch Lau
    Seconded byRegional Councillor Joe Li
    1. That the report titled, “RECOMMENDATION REPORT, Livante Holdings (Victoria Square Woodbine) Inc., Applications for Official Plan and Zoning By-law Amendments to permit 174 townhouse units at 10978, 10988, and 11030 Victoria Square Boulevard and Blocks 97, 98, and part of Block 95, PLAN 65M-4328 (Ward 2) File PLAN 20 112387”, be approved; and,
    2. That the Official Plan Amendment application submitted by Livante Holdings (Victoria Square Woodbine) Inc., 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,
    3. That the Zoning By-law Amendment application submitted by Livante Holdings (Victoria Square Woodbine) Inc., 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,
    4. That Council assign servicing allocation for a maximum of 174 dwelling units; and,
    5. That York Region be advised that servicing allocation for 174 dwelling units has been granted; and,
    6. That the City reserves the right to revoke or reallocated servicing allocation should the development not proceed in a timely manner; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Arvin Prasad, Commissioner, Development Services, introduced this item as related to the City's response to the changes to the Provincial Planning Act through Bill 109 and Bill 23. Commissioner Prasad advised that the purpose of this report is to provide updates to City processes in response to the legislative changes which come into effect on July 1st.  Commissioner Prasad introduced Giulio Cescato to deliver a presentation.

Giulio Cescato, Director, Planning & Urban Design, delivered a presentation providing an overview of the legislative changes. Director Cescato clarified that the pre-application consultation process would involve a more rigorous application process requiring submission of more complete materials, with the opportunity for Staff to provide initial comments. Director Cescato advised that this process would not be a complete front-ending of the process nor eliminate the opportunity for public engagement but seeks to implement the intent of the legislation to streamline processes and support complete applications. Director Cescato also clarified changes to when an application would be deemed complete and the changes to site plan approvals.

The Committee provided the following feedback: 

  • Asked what system is being used to track application progression. Director Cescato confirmed that a digital dashboard is being explored to provide bi-weekly updates on application progress. 
  • Questioned if the timelines for application approval are including weekends and holidays, taking into account when Council is in session. Darryl Lyons, Deputy Director, Planning & Urban Design, advised that the timeline for application decisions are calendar days, per the Planning Act.
  • Asked about the changes surrounding site-plan given that the City has reduced control over site plan. Frank Clarizio, Director, Engineering, confirmed that aspects related to site plan would be reviewed in detail prior to the issuance of a building permit, in coordination with Building Standards. Director Cescato noted that there are other mechanisms to address aspects such as driveway placement through zoning.
  • Sought confirmation on the number of dwellings permitted per lot, as of right, through the new legislation. Director Cescato confirmed that three dwellings per lot would be permitted given zoning is met. 
  • Asked about consultation with stakeholders on the new process. Director Cescato advised that comments have been generally positive from the development community surrounding the new proposed process.
  • Moved byCouncillor Juanita Nathan
    Seconded byCouncillor Isa Lee
    1. That the report titled, “City of Markham’s Response to Bill 109 - More Homes for Everyone Act, 2022, and Bill 23 – More Homes Built Faster Act, 2022, File: PR 22 260697”, be received; and,
    2. That the written submissions from Adam Layton of Evans Planning, Max Laskin of Goodmans LLP, Victoria Mortelliti of BILD, and Paul McGuigan of BRL Realty Inc. be received; and, 
    3. That the City-initiated Draft Official Plan Amendment, attached hereto as Appendix ‘A’, be finalized and brought forward to the next available Council meeting to be adopted without further notice; and,
    4. That the City-initiated Draft Municipal Servicing By-law Amendment, attached hereto as Appendix ‘B’, be finalized and brought forward to the next available Council meeting to be enacted without further notice; and,
    5. That the City-initiated Pre-Application Consultation By-law Amendment, attached hereto as Appendix ‘C’, be finalized and brought forward to the next available Council meeting to be enacted without further notice; and,
    6. That the City-initiated Draft Development Fee By-law Amendment, attached hereto as Appendix ‘E’, be finalized and brought forward to the next available Council meeting to be enacted without further notice; and,
    7. That the City-initiated Draft Municipal Fee By-law Amendment, attached hereto as Appendix ‘F’, be finalized and brought forward to the June 28th Council meeting to be enacted without further notice; and further,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Arvin Prasad, Commissioner, Development Services, introduced this item as an information report related to the Community Infrastructure and Housing Accelerator tool. Commissioner Prasad advised that this tool is expected to result in a more streamlined process where conditions can be imposed. Commissioner Prasad provided an overview of the elements within the Community Infrastructure and Housing Accelerator tool.

The Committee requested clarification on the difference between the new proposed process and the existing process, asking how it differs in terms of consultation. Darryl Lyons, Deputy Director, Planning & Urban Design, explained that though the process is different, it does not result in reduced consultation. Mr. Lyons advised that the Provincial guidelines prescribe public consultation which includes similar types of engagement to what the City currently undertakes, as well as engagement with Indigenous groups. 

  • Moved byMayor Frank Scarpitti
    Seconded byRegional Councillor Alan Ho
    1. That Council applauds the Provincial government for the Community Infrastructure tool as a way to advance residential and economic development opportunities; and
    2. That the Planning Act be amended to give municipalities the sole discretion to provide Council autonomy to use the tool at this tool be at the discretion of the municipality for the aforementioned purposes; and,
    3. That the report, dated June 13, 2023, titled "INFORMATION REPORT, Overview of Community Infrastructure and Housing Accelerator Tool”, be received.
    Carried

Arvin Prasad, Commissioner, Development Services, introduced this item as providing updates related to the Main Street Unionville Public Art Program. Commissioner Prasad introduced Niamh O'Laoghaire to deliver a presentation. 

Niamh O'Laoghaire, Manager, Varley Art Gallery, delivered a presentation.

The Committee provided the following feedback:

  • Questioned if further permanent art installations are being considered with available funding. Ms. O'Laoghaire noted that there are not many large open spaces available on Main Street Unionville. Ms. O'Laoghaire advised various sites were explored and Staff did not find many suitable locations for a larger, permanent installation. Ms. O'Laoghaire noted that the smaller installations will amount to something greater to be understood as a significant art installation. 
  • Requested that Staff continue to explore Crosby Arena for a possible site of an installation. Ms. O'Laoghaire advised that there will be a meeting with Recreation Staff in the near future to explore the possibility of a temporary installation at Crosby Arena. 
  • Asked the cost of the proposed tree grates. Ms. O'Laoghaire advised that the designed tree grates are approximately $10,000 each, noting that regular tree grates range between $2000 to $5000.
  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Ritch Lau
    1. That the report entitled Main Street Unionville Public Art Program be received; and,
    2. That the Main Street Unionville Public Art Program be approved; and,
    3. That the budget of $562,650 for the Main Street Unionville Public Art Program be released from the Public Art Reserve Fund; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Arvin Prasad, Commissioner, Development Services, introduced this item as related to a request for funding to deliver Thursday Nights at the Bandstand in Unionville. Commissioner Prasad advised that this was previously cancelled, however there was support from local residents and the surrounding community to continue the event.

The Committee noted that there should be consistency in the City's criteria for providing funding, as well as the specific amounts of funding provided and made minor amendments to the recommendation to this effect.  

  • Moved byMayor Frank Scarpitti
    Seconded byCouncillor Reid McAlpine

    Whereas Council has been an annual supporter of Thursday Nights at the Bandstand; and,

    Whereas Unionville BIA has agreed to support and co-organize the continuation of Thursday Nights at the Bandstand 2023; and,

    Whereas the Unionville BIA supports a road closure if necessary to facilitate Thursday Nights at the Bandstand; and, 

    Whereas the City has worked with York Region Police to reduce the cost of road closures for Thursday Nights at the Bandstand.

    Therefore, be it resolved:

    1. That the report titled, “Celebrate Markham – Thursday Nights at the Bandstand 2023” be received; and,
    2. That Council approve $20,000 in funding for the Unionville Business Improvement Area to deliver Thursday Nights at the Bandstand in 2023; and,
    3. That future funding be consistent with the criteria and the amount of dollars given to similar events, and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried as Amended

10.

 

There were no motions. 

There were no notices of motion. 

There was no new business. 

There were no announcements.

  • Moved byRegional Councillor Joe Li
    Seconded byCouncillor Reid McAlpine

    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

14.1
DEVELOPMENT AND POLICY MATTERS

 

14.1.1
DEVELOPMENT SERVICES COMMITTEE MINUTES - MAY 16, 2023 (10.0) [MUNICIPAL ACT, 2001, Section 239 (2) (f)]

 

14.1.2
COMMUNICATION FROM MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING (10.0) 

 

(INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A PROVINCE OR TERRITORY OR A CROWN AGENCY OF ANY OF THEM.) [MUNICIPAL ACT, 2001, Section 239 (2) (h)] 

  • Moved byCouncillor Isa Lee
    Seconded byRegional Councillor Joe Li

    That the Development Services Committee adjourn at 1:59 PM.

    Carried
No Item Selected