Development Services Committee Meeting Minutes

Meeting Number: 25

Tuesday, November 26, 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
• Bryan Frois, Manager of Executive Operations & Strategic Initiatives
• Michael Toshakovski, Deputy City Solicitor
• Maggie Cheung-Madar, Assistant City Solicitor
• Hersh Tencer, Senior Manager, Real Property
• Giulio Cescato, Director, Planning & Urban Design
• Frank Clarizio, Director, Engineering
• Stephanie DiPerna, Director, Building Standards
• Mark Visser, Senior Manager, Financial Strategy & Investments
• Evan Manning, Senior Planner, Heritage
• Nadia Lawrence, Special Project Coordinator
• Terence Tang, Technology Support Specialist II
• Rajeeth Arulanantham, Election & Committee Coordinator
• Hristina Giantsopoulos, Election & Committee Coordinator
• Jacqueline Chan, Assistant City Solicitor

​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 Service Committee convened at 9:09 AM with Regional Councillor Jim Jones presiding as Chair.

2.

DISCLOSURE OF PECUNIARY INTEREST

Councillor Karen Rea declared a conflict in relation to items 9.2, and 14.1.2  as she is an executive member of one of the organizations that are involved in the partnership approach.  She did not participate in the discussion or vote on either matter.  She also excused herself from the confidential session for item 14.1.2.

3.

APPROVAL OF PREVIOUS MINUTES

3.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - NOVEMBER 12, 2024 (10.0)

• Moved by Councillor Isa Lee
  Seconded by Deputy Mayor Michael Chan
  1. That the minutes of the Development Services Committee meeting held on November 12, 2024, be confirmed.
  Carried

4.

PRESENTATIONS

4.1

PRESENTATION OF SERVICE AWARDS (12.2.6)

Andy Taylor, Chief Administrative Officer, Claudia Storto, City Solicitor, Trinel Cane, Commissioner of Corporate Services, Arvin Prasad, Commissioner Development Services, Morgan Jones, Commissioner, Community Services and Mayor Scarpitti acknowledged the service milestones of the following City staff:

Chief Administrative Office - Fire & Emergency Services
Brett Dean, Captain, Fire & Emergency Services, 15 years

Chief Administrative Office - Legal Services
Michael Toshakovski, Deputy City Solicitor, Legal Services, 5 years

Community Services Commission
Mark Leadbetter, Facility Yard Maintenance, Operations, 25 years
Stephen McGilvray, Ops Working Sup-Contract Administration, Operations, 25 years 
Michael Prior, Working Supervisor, Operations, 25 years 
Hossein Rahimi-Sharif, Engineer, Project, Environmental Services, 20 years
Patrick Fry, Working Supervisor, Roads, Operations, 20 years
Donald Roe, Supervisor, Community Program, Recreation Services, 20 years       
Stephen McCoy, Facility Operator I, Recreation Services, 15 years      
Ryan Turnbull, Facility Operator II,  Recreation Services, 10 years
Sarah Burns, Working Supervisor, Operations, 5 years
Hubert Tam, Technical Coordinator, Roads, Operations, 5 years
Gabriele Volpe, Truck Driver, Operations, 5 years
Clara Grassia, Manager, Sports Development, Recreation Services, 5 years

Corporate Services Commission
Linda Canton-Yuen, Municipal Law Enforcement Officer I, By-Law & Regulatory Services, 25 years
Graham Seaman, Director, Sustainability & Asset Management, Sustainability & Asset Management, 15 years

Development Services Commission
Regan Hutcheson, Manager- Heritage, Planning & Urban Design, 35 years
Carrie Colangelo, Coordinator, Research & Marketing, Economic Growth, Culture & Entrepreneurship, 20 years
Niamh O'Laoghaire, Manager, Art Gallery, Economic Growth, Culture & Entrepreneurship, 10 years
Denisa Necula, Brownfield Environmental Technologist, Engineering, 10 years
Ziad Yassi, Engineer, Development, Engineering, 10 years

5.

DEPUTATIONS

Evan Sugden and Doug Denby made deputations in relation to item 8.2.  Please refer to the item for details.

6.

COMMUNICATIONS

There were no communications.

7.

PETITIONS

7.1

WARD 2 PETITION - REQUEST FOR A REBUILD/EXPANSION OF VICTORIA SQUARE COMMUNITY CENTRE

Councillor Ritch Lau presented a petition signed by 461 Ward 2 residents in support of a rebuild of the Victoria Square Community Centre.  The Committee Members voted in favour by a 2/3 voted to add this item to the agenda and for Councillor Lau to make a presentation.  

The Committee discussed identifying opportunities for partnerships with existing facilities in the interim and suggested that the Integrated Leisure Master Plan be updated to reflect the needs of the growing community.

The Committee requested that there be additional signage at the Victoria Square dedicated dog park identifying the off leash areas.  

Staff advised that an update to the Integrated Leisure Master Plan will be provided to Committee in 2025.   

• Moved by Councillor Ritch Lau
  Seconded by Regional Councillor Joe Li

  That the rules of procedure be waived to add this item to the agenda and to permit a presentation and discussion on the matter.

  Carried by a Two Thirds Vote
• Moved by Councillor Ritch Lau
  Seconded by Regional Councillor Joe Li
  1. That the petition entitled, “Request for a rebuild/expansion of Victoria Square Community Centre”, be received; and,
  2. That the City review the needs for additional recreational facilities in North West Markham and generally in the City of Markham; and,
  3. That staff review opportunities within the 2019 Integrated Leisure Master Plan Update, to meet the recreational needs of the community and to review and evaluate partnerships as a way of meeting those needs; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

8.1

VARLEY-MCKAY ART FOUNDATION OF MARKHAM MINUTES – OCTOBER 7, 2024 (16.0)

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Isa Lee
  1. That the minutes of the Varley-McKay Art Foundation of Markham meeting held October 7, 2024, be received for information purposes.
  Carried

8.2

RECOMMENDATION REPORT, OBJECTION TO NOTICE OF INTENTION TO DESIGNATE – PHASE XII PROPERTIES (16.11.3)

The Committee heard the following 2 deputations in relation to 5970 Elgin Mills Road East:

Doug Denby addressed the committee regarding change in the community. 

Evan Sugden, addressed the committee to express objection to the designation of this property.  

The Committee consented to refer this item directly to the December 4, 2024, Council Meeting Agenda to allow time for Members of Council and staff to visit the property.

• Moved by Councillor Amanda Collucci
  Seconded by Councillor Andrew Keyes
  1. That the Staff report, dated November 26, 2024, titled "RECOMMENDATION REPORT, Objection to Notice of Intention to Designate – Phase XII Properties”, be received; and,
  2. That the written objection to designation under the Ontario Heritage Act as submitted on behalf of the property owner of 5970 Elgin Mills Road East (Ward 6), be received as information; and,
  3. That Council affirm its intention to designate 5970 Elgin Mills Road East (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  4. That the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
  5. That the Clerk’s Department be authorized to publish and serve notice of Council’s adoption of the designation by-law as per the requirements of the Ontario Heritage Act; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.3

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES – NOVEMBER 5, 2024 (10.0)

• Moved by Regional Councillor Joe Li
  Seconded by Regional Councillor Alan Ho
  1. That the minutes of the Development Services Public Meeting held November 5, 2024, be confirmed.
  Carried

9.

REGULAR REPORTS - DEVELOPMENT AND POLICY MATTERS

9.1

RECOMMENDATION REPORT, 648321 ONTARIO INC. (C/O GATZIOS PLANNING CONSULTANTS) APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY- LAW AMENDMENT

TO PERMIT A RESIDENTIAL APARTMENT BUILDING AT 5871 HIGHWAY 7 (WARD 4) FILE PLAN 22 244910 (10.3, 10.5)

B. Manoharan, ext. 2190

Note: This item was deferred to this Development Services Committee meeting at the October 29, 2024 Development Services Committee meeting.

This item was referred to the December 10, 2024, Development Services Meeting agenda.

• 1. That the report dated July 16, 2024, titled, “RECOMMENDATION REPORT, 648321 Ontario Inc. (c/o Gatzios Planning Consultants), Applications for Official Plan and Zoning By-law Amendment Applications to permit a 13-storey mixed-use building at 5871 Highway 7 (Ward 4) File PLAN 22 244910”, be received; and,
  2. That the Official Plan Amendment application (PLAN 22 244910) 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,
  3. That the Zoning By-law Amendment application (PLAN 22 244910) be approved and the draft site-specific implementing Zoning By-law, attached hereto as Appendix ‘B’ be finalized and brought to a future Council meeting for enactment without further notice; and,
  4. That servicing allocation for 137 residential units be assigned to the proposed 13-storey development; and,
  5. 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,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 
• Moved by Councillor Karen Rea
  Seconded by Councillor Reid McAlpine

  That this item be referred to the December 10, 2024, Development Services Agenda.

  Carried

9.2

CMHC HOUSING ACCELERATOR FUND PARTNERSHIPS APPROACH (10.0)

Arvin Prasad, Commissioner, Development Services, addressed the Committee to advise that this is a report back on the City's approach to the Housing Accelerator Fund (HAF) partnerships to help achieve the housing targets. Mr. Prasad indicated staff are seeking approval to enter into partnerships and facilitate agreements and to secure the position of the grants.  He introduced Nadia Lawrence, Senior Project Coordinator, Planning and Urban Design, who presented an overview of the City's HAF goals and the implementation approach through Initiative 1, Public Partnerships and Initiative 5, Incentive Program for Affordable Housing to achieve the housing targets. 

Councillor Rea declared a pecuniary interest, she is on a committee of a related association of this item. She did not participate in the debate or vote on the matter.  

The Committee acknowledged staff for their work on this initiative and discussed the following in relation to the presentation: 

• Where the HAF funding originates from and where does the funding go;
• Concerns with affordable housing units within developments and the resale value of non-affordable housing units;
• Who will manage the affordable units;
• A suggestion that the Province edit the City’s housing targets;
• The importance of starting work on this project to secure the grants; and,
• The impact on the number of housing units and their funding if there is a change in government.

Staff advised that the province set targets for housing and the City’s target is just under 4000 units per year.  Staff further advised that the City did not meet its target in 2023 and that these initiatives are a step in the right direction.  

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Joe Li
  1. That the report dated November 26, 2024 entitled “CMHC Housing Accelerator Fund Partnerships Approach” be received; and,
  2. That Council authorize the Director of Planning and Urban Design, in consultation with the Treasurer and in a form approved by the City Solicitor, to negotiate, finalize, and make administrative changes to, as required, housing agreements (and any other necessary associated agreements) that secure the terms and conditions for grants through Initiative 1, Public Partnerships, implemented as a Direct Grant Stream, with organizations included, but not limited to, those in the confidential memorandum dated November 26, 2024, in accordance with the Direct Grant Stream Criteria in Appendix 1; and,
  3. That Council authorize the Director of Planning and Urban Design, in consultation with the Treasurer and in a form approved by the City Solicitor, to finalize, and make administrative changes to, as required, housing agreements (and any other necessary associated agreements) that secure the terms and conditions for grants through Initiative 5, Incentive Program for Affordable Housing, implemented as a DC Rebate Program with all developers that can deliver units in accordance with the DC Rebate Program Parameters referenced in Appendix 2; and further,
  4. That the Mayor and CAO be authorized to execute to these agreements; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.
  Carried

10.

MOTIONS

There were no motions.

11.

NOTICES OF MOTION

There were no notices of motion.

12.

NEW/OTHER BUSINESS

The Chair inquired about staff reporting back on the merits of taking back development charges to 2018 levels similarly to what the City of Vaughan recently did. 

The Mayor indicated that he has asked staff to provide a report and that a similar action by the City would have an impact of approximately $458 million in development charges for hard and soft services.  The necessary infrastructure costs would eventually result in property tax increases.  He noted that until there are government programs to cover infrastructure costs the City will not decrease development charges.

• 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".

13.

ANNOUNCEMENTS

There were no announcements.

14.

CONFIDENTIAL ITEMS

The Committee convened into confidential session at 11:54 AM.

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Amanda Collucci

  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 - OCTOBER 29, 2024 (10.0) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

The Committee confirmed the minutes of the Development Services Committee confidential meeting held on October 29, 2024.

14.1.2

CONFIDENTIAL MEMORANDUM RE: CMHC HOUSING ACCELERATOR FUND PARTNERSHIPS APPROACH (10.0)

A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BE APPLIED TO ANY NEGOTIATIONS CARRIED ON OR TO BE CARRIED ON BY OR ON BEHALF OF THE MUNICIPALITY OR LOCAL BOARD. [MUNICIPAL ACT, 2001, Section 239 (2) (k)] 

The Committee received the report.

14.1.3

CONFIDENTIAL REPORT, REQUEST FOR DIRECTION (WARD 4) (8.0)

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE. [MUNICIPAL ACT, 2001, Section 239 (2) (f)] 

The Committee consented to place this item on the December 4, 2024, Confidential Council Meeting Agenda for consideration.

14.1.4

REQUEST FOR DIRECTIONS - ONTARIO LAND TRIBUNAL APPEAL OF DESIGNATION BY-LAW FOR 7507 KENNEDY ROAD (WARD 8) (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)] 

The Committee consented to place this item on the December 4, 2024, Confidential Council Meeting Agenda for consideration.

15.

ADJOURNMENT

• Moved by Councillor Ritch Lau
  Seconded by Councillor Reid McAlpine

  That Development Services Committee adjourn at 1:55 PM.

  Carried