Development Services Committee Meeting Minutes

Meeting Number: 11
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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
  • Alice Lam, Acting Commissioner, Community Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Bryan Frois, Manager of Executive Operations & Strategic Initiatives
  • Eddy Wu, Acting Commissioner, Community Services
  • Stephanie DiPerna, Director, Building Standards
  • Giulio Cescato, Director of Panning & Urban Design
  • Frank Clarizio, Director, Engineering
  • Loy Cheah, Senior Manager, Transportation
  • Regan Hutcheson, Manager, Heritage
  • Darryl Lyons, Deputy Director, Planning & Urban Design
  • Stephen Lue, Senior Manager, Development
  • Martha Pettit, Deputy City Clerk
  • Erica Alligood, Election & Committee Coordinator
  • Peter Wokral, Senior Planner
  • Lily-Ann D’Souza, Senior Planner
  • Chris Rickett, Director, Economic Development, Culture and Entrepreneurship
  • Rajeeth Arulanantham, Assistant to Council / Committee
  • Maggie Cheung-Madar, Assistant City Solicitor

Alternate formats for this document are available upon request


The Development Services Committee convened at 9:32 AM with Regional Councillor Jim Jones in the Chair.

Councillor Collucci arrived at the meeting at 9:47 AM.

Mayor Scarpitti arrived at the meeting at 10:20 AM.

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 byCouncillor Reid McAlpine
    Seconded byCouncillor Karen Rea
    1. That the minutes of the Development Services Committee meeting held April 18, 2023, be confirmed.
    Carried

Doug Denby, Deputant, provided a brief deputation related to the origins of the metric system. Mr. Denby detailed the way humans categorize ideas and concepts into boxes and noted that often context can be found outside of these boxes.  Mr. Denby provided feedback related to a recent community meeting on the Main Street Revitalization project.

Giulio Cescato, Director, Planning & Urban Design, provided a brief introduction to this item, advising that it is related to the sustainability metrics that the City is launching. Director Cescato introduced Tony Iacobelli to provide an overview. 

Tony Iacobelli, Manager, Natural Heritage, advised that the sustainability metrics launch is related to the establishment of a sustainability checklist, in conjunction with the City of Brampton, City of Richmond Hill, and City of Vaughan. Mr. Iacobelli advised that the sustainability checklist will begin as an Excel document but will move to a web-hosted form in 2024.

The Committee questioned the timeline for the web-hosted form, asking if anything can be adapted from Brampton, Richmond Hill, or Vaughan. The Committee also asked the cost of developing the web-hosted form.

Staff confirmed that they would work to adopt the web form from Brampton, Vaughan, and Richmond Hill, but clarified that it would need to be specifically programmed for the City of Markham. Staff noted that as the web-based form would be developed internally, it would be a low-cost project. 

  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Andrew Keyes
    1. That the briefing note titled, "Briefing note to Mayor and Members of Council - Sustainability Metrics Launch", be received.
    Carried

There were no petitions. 

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Juanita Nathan
    1. That the minutes of the Development Services Public Meeting held March 28, 2023 and April 25, 2023, be confirmed.
    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Juanita Nathan
    1. That the minutes of the March 13, 2023 Varley-McKay Art Foundation of Markham Meeting be received for information purposes.
    Carried

Councillor Isa Lee clarified that subject property 5000 Steeles Avenue East is located in Ward 8, not Ward 7 as noted in the agenda. 

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Juanita Nathan
    1. That the ground sign variance application by Ebenezer United Church at 5000 Steeles Avenue East, Application No. SP 22 257706 (Ward 7), be approved, subject to it being used to display the dates and times of services and programs only; and,
    2. That Staff be authorized to do all things necessary to give effect to this resolution.
    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Juanita Nathan
    1. That the Staff report, dated May 2, 2023, titled "Information Report, Designation of Priority Properties Listed on the City of Markham's Register of Properties of Cultural Heritage Value or Interest in response to Bill 23”, be received; and,
    2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

FILE NOS. OP/ZA 19 123553 (10.3, 10.5, 16.11)

Giulio Cescato provided a brief overview of this item, advising that it is related to an official plan and zoning by-law amendment application located at 347 Main Street North. Director Cescato noted that Staff recommend approval of the application and introduced Jack Wong, the consultant to the Applicant, to provide a presentation. 

Jack Wong, Principal, Malone Given Parsons, provided a brief presentation. 

Chris Rogge, Deputant, expressed concern for the application noting that he lives nearby on Fincham Avenue. Mr. Rogge expressed opposition to the density proposed as part of this application due to the size of the lot, expressing support for a reduction to the proposed number of dwellings. Mr. Rogge also noted concerns with snow removal and snow storage. 

The Committee provided the following feedback:

  • Expressed concerns with the feasibility of the second suites proposed for the ground floor of the townhomes;
  • Requested confirmation that there were no basements proposed for the townhomes and questioned storage space within the proposed dwellings;
  • Expressed support for the change of uses, noting the aesthetic improvements this application would create through replacement of the existing car dealership;
  • Noted that the application originally proposed 19 dwellings but that the Applicant agreed to reduce the proposal to 14 dwellings through discussions with Staff;
  • Requested information on the Development Charges related to this application and a comparison of what would be received pre-Bill 23. 

Mr. Wong confirmed that their architect advised that a second suite on the ground floor would be feasible with the current plans but noted that they would continue to explore this option throughout the design stages. Mr. Wong also confirmed that analysis was done of available garage space when a vehicle is parked in the garage, noting that there would be some remaining storage space. 

The Committee consented to defer this item to confidential session subject to Municipal Act [Section 239] (f): Advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(See Item 14.2)

The Committee put forth the following recommendations for consideration:

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Reid McAlpine
    1. That the staff report, dated May 2, 2023, titled “Recommendation Report, 2814712 Ontario Ltd. (Victor Huang) c/o Malone Given Parsons Ltd. (Rohan Sovig), Applications for Official Plan and Zoning By-law Amendments to permit 14 townhouse dwellings at 347 Main Street North, Markham Village (Ward 4), File Nos. OP/ZA 19 123553”, be received; and,
    2. That the deputation from Chris Rogge be received; and,
    3. That the written submissions from YCC 149 and Donna Knight dated May 1, 2023, be received; and,
    4. That the Heritage Markham Committee recommendation to deny the Official Plan and Zoning By-law applications to permit 14 townhouses dwellings at 347 Main Street North, be received as information; and,
    5. That the Official Plan application submitted by 2814712 Ontario Ltd. (Victor Huang) c/o Malone Given Parsons Ltd. (Rohan Sovig) to amend the City’s Official Plan to permit townhouses not having direct frontage to a public street be denied; and,
    6. That the Zoning By-law amendment application submitted by 2814712 Ontario Ltd. (Victor Huang) c/o Malone Given Parsons Ltd. (Rohan Sovig) to amend the City’s Zoning By-law 1229, as amended, attached hereto as Appendix B, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
    7. That there is no objection to the demolition of the existing building on the property; and,
    8. That Staff be directed to continue to work with the applicant to achieve a proposal with reduced density and further,
    9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Lost
  • Moved byMayor Frank Scarpitti
    Seconded byRegional Councillor Joe Li
    1. That the staff report, dated May 2, 2023, titled “Recommendation Report, 2814712 Ontario Ltd. (Victor Huang) c/o Malone Given Parsons Ltd. (Rohan Sovig), Applications for Official Plan and Zoning By-law Amendments to permit 14 townhouse dwellings at 347 Main Street North, Markham Village (Ward 4), File Nos. OP/ZA 19 123553”, be received; and,
    2. That the deputation from Chris Rogge be received; and,
    3. That the written submissions from  YCC 149 and Donna Knight dated May 1, 2023, be received; and,
    4. That the Heritage Markham Committee recommendation to deny the Official Plan and Zoning By-law applications to permit 14 townhouses dwellings at 347 Main Street North, be received as information; and,
    5. That the Official Plan application submitted by 2814712 Ontario Ltd. (Victor Huang) c/o Malone Given Parsons Ltd. (Rohan Sovig) to amend the City’s Official Plan be approved and the draft Official Plan Amendment, attached hereto as Appendix A be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
    6. That the Zoning By-law amendment application submitted by 2814712 Ontario Ltd. (Victor Huang) c/o Malone Given Parsons Ltd. (Rohan Sovig) to amend the City’s Zoning By-law 1229, as amended, attached hereto as Appendix B, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
    7. That clauses be added to the purchase and sale agreements indicating that on-street parking is very limited in the immediate area and outdoor storage is not permitted; and,
    8. That there is no objection to the demolition of the existing building on the property; and further,
    9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

TO THE TRUSTEE OF BERCZY GLEN LANDOWNERS GROUP INC. (WARD 2) (5.5, 7.11)

Frank Clarizio, Director, Engineering, introduced this item, advising that it is related to the construction of two greenway crossings in the Berczy Glen area. Director Clarizio advised that following Council approval, the estimated construction costs for the bridge structures have been updated to reflect current construction estimates. Director Clarizio advised that construction of the North greenway crossing would begin in 2023 and construction of the South greenway crossing will begin in 2024. f

  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Ritch Lau
    1. That the report entitled “Authority to Provide Development Charge Credits and/or Reimbursements for the Construction of the Greenway Crossing on Street D/Stoney Hill Blvd (“North Greenway Crossing) and the Greenway Crossing on Street E/Vine Cliff Blvd (“South Greenway Crossing to the Trustee of Berczy Glen Landowners Group Inc. (Ward 2)” be received; and,
    2. That Council authorize Development Charge Credits and/or Reimbursements not exceeding $12,020,000 for the North Greenway Crossing and $12,900,000 for the South Greenway Crossing to the Trustee of Berczy Glen Landowners Group Inc. (“Trustee”), an increase from the previously approved $8,000,000 for each crossing, for the design, contract administration, construction, and maintenance costs, until Assumption, associated with the construction of the North Greenway Crossing and the South Greenway Crossing that will service the Berczy Glen Secondary Plan in the City’s Future Urban Area (FUA) as follows:
      1. North Greenway Crossing - City Wide Hard Development Charges to a maximum of $12,020,000 (increased from $8,000,000); and,
      2. South Greenway Crossing - City Wide Hard Development Charges to a maximum of $12,900,000 (increased from $8,000,000); and,
    3. That the Mayor and Clerk be authorized to execute Development Charge Credit and/or Reimbursement Agreements, if required, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with the Trustee of Berczy Glen Landowners Group Inc., or their successors in title to the satisfaction of the Treasurer and the City Solicitor, or their respective delegates; and,
    4. That all of the above credits and/or reimbursements shall exclude HST and interest and shall be indexed in accordance with the City’s Development Charge Credit & Reimbursement Policy; and further,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Giulio Cescato, Director, Planning & Urban Design, introduced this item as related to the City's comments on the Helping Homebuyers, Protecting Tenants Act, 2023, which are due to the Province by May 6, 2023. Director Cescato provided a high-level overview of proposed changes within the Act, noting the aspects that Staff currently support and the aspects that are not supported by Staff. Director Cescato introduced Lily-Ann D'Souza to provide a presentation. 

Lily Ann D'Souza, Senior Planner, Policy, provided a presentation detailing the City's comments. 

The Committee provided the following feedback:

  • Questioned when the Province may implement changes contained within Bill 97. Staff advised that they expect the Bill to pass quite quickly. 
  • Inquired about the change to site plan control for parcels within 120M of shoreline and 300M of rail line. Staff advised that due to concerns about health & safety as related to these properties, site plan control was proposed to be re-instated.
  • Questioned if rural properties, not connecting to municipal servicing are still required to pay full development charges. Staff confirmed that full development charges apply regardless of location or dwelling type. 
  • Inquired about the status of the Official Plan review. Staff advised that the policy framework is in place to launch an Official Plan review but advised that it has been put on pause as they await further changes from the Province. Staff reminded Committee that the Province indicated through Bill 23 that planning authority will be removed from the Region and the Region's Official Plan will become the City's Official Plan. Staff advised that through this change, the Minister would become the approval authority.
  • Questioned the role of the Provincial Land Development Facilitator. Staff advised that the Provincial Land Development Facilitator falls under the Minister of Municipal Affairs and Housing and seeks to assist and find negotiated outcomes through looking at available lands.

The Committee put forth the amended recommendation for consideration: 

  • Moved byMayor Frank Scarpitti
    Seconded byRegional Councillor Joe Li
    1. That the report dated May 2, 2023 titled “Comments on the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) and Associated Changes” be received; and,
    2. That the City not support the proposed changes to the Planning Act that would:
      1. Exclude institutional and commercial uses (including office and retail uses) not associated with manufacturing or warehousing from the definition of “employment area”; and, 
      2. Authorize the Minister to exempt planning approvals for uses permitted by a Minister’s Zoning Order from complying with provincial or local policies; and,
      3. Enable appeal rights to individuals and public bodies when an interim control bylaw is initially passed; and,
    3. That the City requests the Minister to provide additional flexibility in the Community Infrastructure and Housing Accelerator tool (Section 34.1 of the Planning Act) or provide a new authority that enables municipalities to pass a zoning bylaw that facilitates affordable and rental housing and economic development opportunities that cannot be appealed to the Ontario Land Tribunal; and,  
    4. That the City support proposed changes to the Planning Act that would:
      1. Postpone the start date for planning application fee refunds to July 1, 2023, and request more information about the exemption provision; and,
      2. Prescribe areas where the exemption from site plan control for residential developments containing 10 or less units does not apply, and requests further exemptions as outlined in this report including for proposed development that is adjacent to residential areas; and,
    5. That the City not support the proposed changes to the Development Charges Act that would extend the exemption of development charges for additional residential units to rural areas; and,
    6. That the City support the proposed changes to the Building Code Act, 1992 to freeze Provincial Building Code Registration and Service Fees; and,
    7. That Markham City Council support the Associated Registry postings with proposals to strengthen tenant’s rights and protections, assist prospective homebuyers, and facilitate new housing development changes that strengthen protection for homebuyers and tenants; and,
    8. That this report be forwarded to the Ministry of Municipal Affairs and Housing, Association of Municipalities of Ontario (AMO), and Ontario’s Big City Mayors as the City of Markham comments on the Helping Homebuyers, Protecting Tenants Act, 2023 and Associated Changes; and further,
    9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried as Amended

Frank Clarizio, Director, Engineering, introduced this item and advised that it is related to the Active School Travel pilot program which was undertaken and the proposed next steps. 

The Committee provided the following feedback:

  • Inquired if additional schools could be added to the program, such as James Robinson Public School, and inquired about the school selection process;
  • Questioned if high schools could be considered as the program expands; 
  • Questioned why more public schools seem to be taking part in the program than Catholic schools. 

Staff confirmed that the goal is to establish a school zone safety guideline document that can be implemented across the City in partnership with the school boards, which is dependent on willingness of individual schools, resources, and budget. Staff advised that if there is buy-in from school boards, the program could be more widely scaled. Staff advised that through the initial pilot, the focus was elementary schools but noted that they would look at how it may be applied to high schools as well. Staff confirmed that James Robinson public school is being assessed for potential inclusion in the program.

  • Moved byCouncillor Juanita Nathan
    Seconded byCouncillor Amanda Collucci
    1. That the staff report titled “Active School Travel Pilot - Results & Next Steps” be received; and,

    2. That Active School Travel measures be implemented at three Markham elementary schools in 2023 in partnership with the York Region school boards, with Markham’s contribution of $10,000 to be funded from the 2023 Cycling & Pedestrian Advisory Committee Budget (#23094); and further,

    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    Carried

10.

 

There were no motions. 

The Chair advised that the following motion moved by Councillor Ritch Lau and seconded by Councillor Reid McAlpine will be discussed at the May 16, 2023, Development Services Committee Meeting:

Notice of Motion to Enhance Traffic Calming on Markham Streets

  1. Whereas traffic calming on local and collector City roads is of increasing interest to residents due to its positive impact on road safety and neighbourhood liveability; and
  2. Whereas on October 15, 2020, Council directed staff to “explore new traffic calming methods to address vehicle speed and traffic infiltration on City streets, and to report back prior to conducting pilot projects”; and
  3. Whereas York Region is developing a multi-year Traveller Safety Plan which is currently at the public consultation stage, and the scope of first steps is yet unknown; and
  4. Whereas City of Markham 2022 Budget contained project 22043 “Development of Road Safety Strategy” of value $399K, of which traffic calming was a component, but work is currently on hold pending progress on the York Region Traveller Safety Plan; and
  5. Whereas there are numerous low cost quick-build traffic calming and safety enhancement tools available, such as edge lines, curb extensions, round abouts, bollards, physical barriers, speed display signs as well as speed humps/raised intersections (not currently permitted in Markham)
  6. Whereas at the DSC meeting on May 16, 2022, several Councillors expressed interest in moving forward promptly on certain road safety items like speed cushions and radar display; and
  7. Where as at the DSC meeting on Jan 31, 2023, several Councillors expressed interest in installing Automated Speed Enforcement (ASE) on selected City streets, but this requires designation of Community Safety Zones (CSZ) as a prerequisite; and
  8. Whereas the City of Vaughan has initiated a program called “Neighbourhood Traffic Calming Plan” involving a resident survey to find problem streets, problem neighbourhoods and resident opinions about 13 available traffic calming tools

THEREFORE, BE IT RESOLVED

  1. That Staff be directed to review City of Markham policy on speeds cushions/tables/bumps and raised intersections and recommend changes, if any, by September 30, 2023; and
  2. That Staff be directed to identify an approach for Automated Speed Enforcement (ASE) on City of Markham streets, including Community Safety Zones (CSZ) designations and use of York Region’s Administrative Monetary Penalty (AMP) process and report back by September 30, 2023; and
  3. That Staff be directed to connect with City of Vaughan staff with a view to replicating the City of Vaughan consultation process on traffic calming; and further,
  4. That Staff be directed to identify a pro-active process to identify problem areas and a rapid action plan to implement traffic calming on selected City of Markham streets by October 31, 2023.

There was no new business. 

  • 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".

There were no announcements. 

  • Moved byDeputy Mayor Michael Chan
    Seconded byRegional Councillor Joe Li

    That the Committee resolve into confidential session to discuss the following matters:

    Carried

14.1
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; [Section 239 (2)(f)] - ENGINEERING FEES

 

14.2
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; [Section 239 (2)(f)] - 347 MAIN STREET

 

14.3
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; [Section 239 (2)(f)] - STATEVIEW HOMES UPDATE

 
  • The Committee returned to open session to vote on Item 8.1, as detailed with the respective item. 

  • Moved byDeputy Mayor Michael Chan
    Seconded byCouncillor Isa Lee

    That the Development Services Committee adjourn at 1:14PM.

    Carried