Development Services Committee Meeting Minutes

Meeting Number: 23

Tuesday, November 12, 2024 at 9:30 A.m. - 3:00 P.m.

Live streamed

Roll Call

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

Regrets

• Mayor Frank Scarpitti
• Regional Councillor Alan Ho

Staff

• 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
• Frank Clarizio, Director, Engineering
• Stephanie DiPerna, Director, Building Standards
• Stephen Lue, Senior Manager, Development
• Peter Wokral, Senior Planner
• Rajeeth Arulanantham, Election & Committee Coordinator
• Hristina Giantsopoulos, Election & Committee Coordinator
• Emil Bautista, Technology Support Specialist II

​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.

The Development Services Committee meeting convened at 9:34 AM with Regional Councillor Jim Jones presiding as Chair.  

2.

DISCLOSURE OF PECUNIARY INTEREST

There were no disclosures of pecuniary interest.

3.

APPROVAL OF PREVIOUS MINUTES

3.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - OCTOBER 29, 2024 (10.0)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Andrew Keyes
  1. That the minutes of the Development Services Committee meeting held on October 29, 2024, be confirmed.
  Carried

4.

PRESENTATIONS

There were no presentations.

5.

DEPUTATIONS

The Committee heard deputations from Andrew Kam, Utayan Ponnuthurai and Amastasis Hatzinikolaou in relation to item 8.1.  Please refer to the item for detailed information.  

6.

COMMUNICATIONS

There were no communications.

7.

PETITIONS

There were no petitions. 

8.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

8.1

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

The Committee heard the following deputations:

Andrew Kam indicated that he did not feel that his property met the qualifications for heritage designation. 

Anastasis Hatzinikolaou expressed objections to his property being recommended for heritage designation and did not feel that it meets the qualifications as outlined in the Act.  

Utayan Ponnuthurai expressed objections to his property being recommended for heritage designation and made a short presentation that outlined his concerns.  He indicated that the City previously withdrew the intent to designate back in 2017.

Peter Wokral, Senior Planner, Heritage Planning, and Stephen Lue, Senior Manager Development Planning, addressed the Committee and advised that in order to be recommended for heritage designation, at least three of the criteria identified under the Heritage Act have to be met, and that if property owners have any questions that staff are available to meet with them. 

Staff indicated that the owner of 6840 Fourteenth Avenue previously intended to demolish the property however, as he worked to restore the property's appearance the City subsequently withdrew the intent to designate. Staff noted that the City is trying to protect the property from demolition by a new owner should the property be sold and that property owners who object to the intention to designate their properties may file an appeal with the Ontario Land Tribunal if they feel the City was incorrect in applying the criteria. 

The Committee made the following inquiries:

• When municipalities have to recommend properties for heritage designation;
• What can residents to if they have concerns to their property being recommended for designation;
• Are site visits being conducted by staff when property owners question the recommendation;
• When do the intentions to designate become by-laws?
• When does the 120 day period begin;
• How long does a property owner have to object to a designation;
• What some of the designation criteria are and the benefits of owning a heritage home; and,
• The number of remaining homes that still need to go through this process.

Staff responded to the Committee's inquiries and indicated that these matters have not been deferred in the passed and that the current timing does not preclude staff from visiting the sites and having discussions with property owners about the recommendations. Staff advised that the Province requires that municipalities have until January 2027 to designate properties as heritage and that once removed from the register they cannot be put back on it for five years. It was advised that designation by-laws must be approved within 120 days after the notice of intent to designate has been published.  

The Committee passed a motion to refer the matter to the December 4, 2024 Council Meeting Agenda for consideration.

The Committee suggested that site visits be made for all properties that are intended to be designated as heritage properties.  Arvin Prasad, Commissionser, Development Services noted that this will be undertaken as staff direction.   

• Moved by Councillor Amanda Collucci
  Seconded by Councillor Juanita Nathan

  That, in accordance with section 5.9 (b) of By-law 2017-5, this item be referred to the December 4, 2024 Council Meeting Agenda for consideration.  

  Carried
• 1. That the Staff report, dated November 12, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XV”, be received; and,
  2. That the written correspondence from Andrew Kam and Heather Beevor be received; and,
  3. 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: 
     1. 11288 Kennedy Road (Ward 6): “George and Eliza Brodie House”; and,
     2. 7775 Ninth Line (Ward 7): “James and Catharine Young House”; and,
     3. 6840 Fourteenth Avenue (Ward 7): “Franklin H. Raymer House”; and,
     4. 3949 Nineteenth Avenue (Ward 6): “Spofford-Brodie-Smith House”; and,
     5. 3490 Nineteenth Avenue (Ward 2): “Gormley-Wideman House”; and,
  4. That Council state its intention to designate 11288 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 state its intention to designate 7775 Ninth Line (Ward 7) 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 6840 Fourteenth Avenue (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  7. That Council state its intention to designate 3949 Nineteenth Avenue (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  8. That Council state its intention to designate 3490 Nineteenth Avenue (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  9. 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,
  10. 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,
  11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

CYCLING FACILITY SELECTION TOOL (CITY WIDE) (5.10)

The Committee inquired whether the City should wait on the endorsement of the Cycling  Facility Selection Tool in light of the new provincial legislation and whether there will be a mechanism to obtain provincial approval for new bike lanes.  

Frank Clarizio, Director, Engineering, advised that staff are preparing a report for the November 20, 2024 Council Meeting in relation to this new legislation and will send the City's feedback to the province within the prescribed timeline.  

• Moved by Councillor Keith Irish
  Seconded by Councillor Juanita Nathan
  1. That the Staff report titled “Cycling Facility Selection Tool (City-wide)” be received; and,
  2. That the Cycling Facility Selection Tool be endorsed; and,
  3. That staff be directed to plan, design and implement in-boulevard multi-use paths or cycle tracks that take into consideration financial, operational and maintenance impacts, available funding and the criteria outlined in the Cycling Facility Selection Tool; and,
  4. That the Director of Engineering, in consultation with the Director of Operations and the City Treasurer, be authorized to update the Cycling Facility Selection Tool from time to time, to accommodate changing needs and practices; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.3

2025 BUILDING BY-LAW CHANGES (10.13)

• Moved by Councillor Keith Irish
  Seconded by Councillor Juanita Nathan
  1. That the report titled “2025 Building By-law Changes” dated November 12, 2024 be received; and,
  2. That By-law 2023-177 as amended be repealed and the attached “By-law respecting Construction, Demolition, Change of Use Permits and Inspections,” attached as Appendix ‘A’, be enacted; and,
  3. That the by-law come into force and take effect on January 1, 2025; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.4

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES - OCTOBER 22, 2024 (10.0)

• Moved by Councillor Keith Irish
  Seconded by Councillor Juanita Nathan
  1. That the minutes of the Development Services Public meeting held on October 22, 2024, be confirmed.
  Carried

8.5

FLATO MARKHAM THEATRE ADVISORY BOARD MINUTES - MAY 27, 2024 (16.0)

• Moved by Councillor Keith Irish
  Seconded by Councillor Juanita Nathan
  1. That the minutes of the Flato Markham Theatre Advisory Board meeting held May 27, 2024, be received for information purposes.
  Carried

9.

REGULAR REPORTS - DEVELOPMENT AND POLICY MATTERS

9.1

CORNELL CENTRE SECONDARY PLAN UPDATE – DRAFT POLICY FRAMEWORK (10.4)

Arvin Prasad, Commissioner, Development Services, indicated that this report provides an update to the Cornell Secondary Plan which was a requirement of the 2014 Markham Official Plan.  Mr. Prasad introduced Phil English who presented a status update on the project and outlined the planned vision for Cornell Centre as a complete community with a range of housing types, employment opportunities, and transportation. 

The Committee made the following inquiries in relation to the presentation:

• The expected population at full buildout in the area;
• Whether there is a 30-meter setback along the Ward 4 boundary as previously committed to; and,
• The number of stories of the tallest condominium in the development.

Staff responded to the Committee’s inquiries.

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Amanda Collucci
  1. That the report entitled "Cornell Centre Secondary Plan Update – Draft Policy Framework" dated November 12, 2024, be received; and,
  2. That the written correspondence from Shannon Sigouin be received; and,
  3. That the Draft Cornell Centre Secondary Plan be released for public consultation; and,
  4. That Staff be authorized to schedule a statutory public meeting on the draft Cornell Centre Secondary Plan, attached as Appendix ‘A’ to this staff report; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

10.

MOTIONS

There were no motions.

11.

NOTICES OF MOTION

There were no notices of motion.

12.

NEW/OTHER BUSINESS

The Committee requested that the data from the Cornell Centre Secondary Plan be updated in the Langstaff study.   

13.

ANNOUNCEMENTS

There were no announcements. 

14.

ADJOURNMENT

• Moved by Councillor Amanda Collucci
  Seconded by Councillor Juanita Nathan

  That the Development Services Meeting adjourn at 11:41 AM.

  Carried