Electronic Development Services Committee Meeting Minutes

Meeting Number 1
-
Live streamed
Roll Call
  • Mayor Frank Scarpitti
  • Deputy Mayor Don Hamilton
  • Regional Councillor Jack Heath
  • Regional Councillor Joe Li
  • Regional Councillor Jim Jones
  • Councillor Keith Irish
  • Councillor Alan Ho
  • Councillor Reid McAlpine
  • Councillor Karen Rea
  • Councillor Andrew Keyes
  • Councillor Amanda Collucci
  • Councillor Khalid Usman
  • Councillor Isa Lee
Staff
  • Andy Taylor, Chief Administrative Officer
  • Arvin Prasad, Commissioner, Development Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Biju Karumanchery, Director, Planning & Urban Design
  • Brian Lee, Director, Engineering
  • Bryan Frois, Chief of Staff
  • Ron Blake, Senior Development Manager, Planning & Urban Design
  • Alain Cachola, Senior Manager, Infrastructure and Capital Projects
  • Loy Cheah, Senior Manager, Transportation
  • Regan Hutcheson, Manager, Heritage
  • Darryl Lyons, Manager, Policy
  • Stacia Muradali, Acting Manager, Development - East
  • Marg Wouters, Senior Manager, Policy & Research
  • Jody Parsons, Court Administration Coordinator
  • Marty Rokos, Senior Planner
  • Grace Lombardi, Acting Election & Committee Coordinator
  • Hristina Giantsopoulos, Election & Committee Coordinator
  • Alida Tari, Manager, Access & Privacy
  • Victoria Chai, Assistant City Solicitor
  • Liliana Da Silva, Senior Planner

Alternate formats for this document are available upon request


In consideration of the ongoing public health orders, this meeting was conducted electronically to maintain physical distancing of participants. With the passage of the COVID-19 Economic Recovery Act, 2020 (Bill 197), municipal Council Members are now permitted to meet remotely and count towards quorum.

The Development Services Committee meeting convened at the hour of 9:35 AM with Regional Councillor Jim Jones presiding as Chair for all items on the agenda.

Councillor Amanda Collucci arrived at 9:41 AM.

The Development Services Committee recessed at 11:58 AM and reconvened at 12:50 PM.

  • Moved byCouncillor Khalid Usman
    Seconded byRegional Councillor Jack Heath
    1. That the minutes of the Special Development Services Committee meeting held December 15, 2020, be confirmed.
    Carried

The Development Services Committee recognized the following members of staff:

Michael Larbi, Engineering Technologist, Engineering Department, 20 years
Shawn Erion, Working Supervisor, Forestry, Operations, 20 years
Winson To, Mechanical Plans Examiner, Building Standards, 15 years
Sabrina Bordone, Senior Planner, Planning & Urban Design, 10 years
Bessie Mok, Manager HR - Compensation & Benefits, Human Resources, 10 years
Hersh Tencer, Senior Manager, Real Property, Legal Services, 5 years
Derek Kelly, Gardener, Operations, 5 years
Amanda Samara, Admin Asst Building Standards Dept., Building Standards, 5 years

Deputations were made for the following item:

9.4 - Recommendation Report, Nest (VS) GP Inc., Applications for Zoning By-law Amendment and Draft Plan of Subdivision to Permit 12 Townhouses at 10165 Victoria Square Blvd.

Refer to the individual item for the deputation details.

There were no communications.

There were no petitions.

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Andrew Keyes
    1. That the minutes of the Heritage Markham Committee meeting held December 9, 2020, be received for information purposes.
    Carried

Councillor Isa Lee addressed the Committee suggesting that the following names have already been used for a street and a park and requested that staff confirm:

  • Faithful Way; and, 
  • John Ferrera Park

Staff indicated that the list will be reviewed to confirm there are no duplicates and update, if necessary.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the report titled ‘Information Report Fourth Quarter Update of the Street and Park Name Reserve List’, be received; and,
    2. That Council approve the revised Street and Park Name Reserve List set out in Appendix ‘A’ attached to this report; and further,
    3. And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Loy Cheah, Senior Manager, Transportation, addressed the Committee and summarized the details outlined in the report.

  • Moved byCouncillor Isa Lee
    Seconded byRegional Councillor Joe Li
    1. That the report entitled “South Park Road & Saddle Creek Drive Proposed All-way Stop (Ward 8)” be received; and
    2. That Schedule 12 of Traffic By-law 106-71, pertaining to compulsory stops, be amended to include all approaches to the intersection of South Park Road and Saddle Creek Drive; and
    3. That the Operations Department be directed to install the appropriate signs and pavement markings at the subject location; and
    4. That the cost of materials and installation for the traffic signs and pavement markings in the amount of $1,000, be funded from capital project account #083-5350-21178-005 (Traffic Operational Improvements); and
    5. That York Region Police be requested to enforce the all-way stop control upon installation of these stop signs and passing of the By-law; and further
    6. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Ron Blake, Senior Development Manager, Planning & Urban Design, introduced and provided a high level overview of the request for demolition at 12 Imperial College Lane, formerly 9900 Markham Road which included, the history of the planning application.

The Committee discussed the following relative to the staff report:

  • Ensuring that the City's policy and development application process are strong enough to ensure that heritage buildings are properly maintained and protected;
  • Ensuring that developers are taking the appropriate steps to preserve the integrity of the heritage buildings at the initial stages of the development process and potentially including maintenance and repairs as part of the conditions when reviewing and approving development applications;
  • Issues with limited enforcement resources to proactively ensure that maintenance of heritage buildings are addressed and properly enforced in a timely manner; and,
  • Importance of proactively reviewing heritage buildings prior to submission of development applications to ensure the heritage buildings are properly maintained.

Staff provided clarification on the current review process involving heritage buildings in development applications, and confirmed that maintenance issues are considered when development application are submitted. It was noted that in 2017 - 2018, staff conducted a blitz on vacant heritage buildings within the City of Markham and are still attempting to achieve compliance. Staff advised that a review of the development application process would be conducted and would include any necessary improvements to ensure that future heritage buildings are properly maintained and do not lead to demolition.

It was requested that staff provide an update status report on the vacant heritage buildings within the City and any process improvements. It was also requested that the words "with regret" be included in clause #2 of the staff recommendations.

  • Moved byRegional Councillor Jack Heath
    Seconded byDeputy Mayor Don Hamilton
    1. That the staff report titled “Request for Demolition, 12 Imperial College Lane (formerly 9900 Markham Road), William Clarry House, Sunny Communities, Ward 6”, dated January 25, 2021, be received; and,
    2. That Council, with regret, support the demolition of the William Clarry House subject to the owner providing the following:
      a. Compensation in the form of a $200,000 contribution to the City’s Heritage Preservation Account (087 2800 115) so that the financial contribution can be used on other municipal heritage projects in the community;
      b. Provision and installation of an historical interpretative plaque to celebrate the William Clarry House, to be placed in a publicly visible location on the original property, and designed according to the specifications of the "Markham Remembered" program; and
      c. The lot intended for the heritage dwelling within the subdivision be designed and constructed as a parkette, at the owner’s expense to the City’s specifications, with a public easement over the site to the satisfaction of the City; and further,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Arvin Prasad, Commissioner, Development Services, addressed the Committee and provided brief opening remarks. Mr. Prasad advised that a 3D model of this application would be presented at a future Development Services Committee meeting with respect to the Markham Road - Mount Joy Secondary Plan update. 

Marshall Smith, KLM Planning, on behalf of the applicant, delivered a presentation on the site plan application which included, the subject site, surrounding lands, the previous ownership site plan, current site plan, secondary plan visioning, landscape plan, terrace amenity space, snow storage area, waste disposal, tower elevations and floor plans, townhouse elevations and floor plans, and renderings. 

Brian Lee, Director, Engineering provided clarification that the word "unbundling parking" meant the price of a parking space is not included in the purchase price of the unit, which provides the buyer with an option of not buying a parking space. 

The Committee discussed the following relative to the staff recommendation report:

  • Considering opportunities for rental units to assist with affordable housing;
  • Increase in future GO rail services potentially assisting with the concerns of the limited number of parking spaces at the proposed development;
  • Ensuring that clarification with respect to purchasing a parking space within the proposed development is available and potential purchasers are aware that on-street parking will be restricted; 
  • Ensuring that this development does not adversely impact the surrounding lands and the floodplain in the Markham Road-Mount Joy Secondary Plan design; and,
  • Ground floor outdoor patio spaces being available for future retail commercial units.

It was noted that the applicant conducted a parking study comparing the number of parking spaces required in surrounding areas along the corridor with the proposed application. It was requested that staff provide Committee members with the parking survey that was conducted by the applicant.

  • Moved byCouncillor Andrew Keyes
    Seconded byMayor Frank Scarpitti
    1. That the report dated January 25th, 2021 titled “Recommendation Report, Markham Road Limited Partnership, Site plan application to permit mixed use high density development at 0 Anderson Avenue (south-east corner of Markham Road and Castlemore Avenue, Ward 5, File No. 20 110692,” be received; and,
    2. That the site plan application (File No. 20 110692) submitted by Markham Road Limited Partnership, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,
    3. That Site Plan Approval (20 110692)) be delegated to the Director of Planning and Urban Design or his designate; not to be issued prior to the execution of a site plan agreement; and,
    4. That site plan endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed within that period; and,
    5. That Council assign servicing allocation for a maximum of 524 apartment units and 12 townhouses; and further,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Arvin Prasad, Commissioner, Development Services, introduced the item and provided brief opening remarks with respect to the City of Markham comments on the Planning Act provisions.

Darryl Lyons, Manager, Policy, addressed the Committee and provided a high level overview of the City of Markham comments on the Province's Environmental Registry proposal regarding recent changes to the Planning Act that provide the Minister authority to address and implement site plan matters and inclusionary zoning as part of a Minister's Zoning Order (MZO). It was noted that the deadline to submit comments is January 30, 2021. 

The Committee expressed their support with staff recommendations. There was discussion on the lack of public involvement in the MZO process.

  • Moved byMayor Frank Scarpitti
    Seconded byRegional Councillor Jack Heath
    1. That the report entitled, “City of Markham Comments on Planning Act Provisions Regarding Enhanced Ministerial Authority to Address and Implement Site Plan Matters and Inclusionary Zoning as Part of a Zoning Order (Environmental Registry of Ontario Posting #019-2811)”, dated January 25, 2021, be received; and,
    2. That this report be forwarded to the Ministry of Municipal Affairs and Housing as the City of Markham’s comments on the Province’s request for input on Planning Act provisions regarding enhanced ministerial authority to address and implement site plan matters and inclusionary zoning as part of a Zoning Order; and,
    3. That the City of Markham not support the enhanced authority to address site plan matters in a Minister’s Zoning Order and recommends that it be repealed; and,
    4. That should the Minister maintain the enhanced authority to address site plan matters through a Minister’s Zoning Order, the City of Markham recommends that it only apply to situations where the site plan is supported by the Council of that municipality; and,
    5. That the City of Markham supports the minister’s enhanced authority to require inclusionary zoning for affordable housing and recommends that the Minister only exercise this authority following consultation with the affected municipality to address local planning and implementation matters and where the Council of the municipality supports the issuance of the MZO; and,
    6. That the Minister be requested to ensure appropriate public involvement opportunities are available relative to Minister’s Zoning Order (MZO) matters and report back and advise all local municipalities including, the City of Markham on how this process will be implemented; and further,
    7. That staff be authorized and directed to do all things necessary to give effect to the resolution.
    Carried

Joan Smith, resident, addressed the Committee and spoke in opposition of the proposed development. Ms. Smith's concerns included: potential impacts on her well water; proposed building heights being too high, privacy issues, height of proposed fence and proposed zoning amendment.

Marshall Smith, KLM Planning, consultant for the applicant, delivered a presentation which included, the site location, draft plan of subdivision, proposed site plan, proposed landscape plan, proposed floor plans, and proposed building elevations.

Brian Lee, Director, Engineering, addressed the Committee and outlined the current municipal water and sanitary sewer system on the west side of Victoria Square Boulevard.  He explained the process of bringing these services to this proposed development and how other properties can obtain municipal services.

The Committee discussed the following relative to the staff recommendation report:

  • Installation of evergreen landscaping along the north side of the property line adjacent to 10183 Victoria Square Boulevard to assist with the owner of 10183 Victoria Square Boulevard's privacy concerns;
  • That maintenance of landscaping along the frontage of the development be the responsibility of the condominium corporation, and ensuring that the municipal boulevard is also maintained;
  • Ensuring all residential and businesses along Victoria Square Boulevard are connected to municipal services such as, water and sanitary sewer;
  • Concerns with the height of the proposed townhouses and potentially reducing it; and,
  • Potential negative impacts of this proposal relative to the adjacent property.

It was requested that staff provide Ms. Joan Smith with copies of the plans highlighting the location of the windows located near her property.

  • Moved byCouncillor Alan Ho
    Seconded byRegional Councillor Jack Heath
    1. That the report titled “RECOMMENDATION REPORT, Nest (VS) GP Inc., Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)” be received; and,
    2. That the deputation from Joan Smith, be received;
    3. That staff be directed to report back to a future Development Services Committee meeting on the following: 
      a. The feasibility of the applicant covering all installation connection costs for municipal water and sanitary sewers to the property at 10183 Victoria Square Boulevard, at the time of construction as part of the reconstruction at Victoria Square Boulevard in 2022, and obtaining consent from the property owner; and, 
      b. That staff be directed to discuss with the owner of 10183 Victoria Square Boulevard regarding the connection from the municipal property boundary to the private home and the associated costs, and whether the homeowner will be agreeing to pay for that connection.
    4. That staff be directed to continue to work with the applicant to install landscaping along the north side of the property line adjacent to 10183 Victoria Square Boulevard;
    5. That the maintenance of landscaping along the frontage of the development be maintained as part of the condominium development and ensure that the municipal boulevard is maintained;
    6. That the record of the public meeting held on June 18, 2019, regarding the applications by Nest (VS) GP Inc. regarding the Draft Plan of Subdivision and Zoning By-law Amendment Applications to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)” be received; and,
    7. That the application submitted by Nest (VS) GP Inc. to amend Zoning By-law 304-87, as amended, be approved and the draft by-law attached as Appendix ‘B’ be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
    8. That Draft Plan of Subdivision application (SU 19 179147) submitted by Nest (VS) GP Inc. be approved subject to the conditions outlined as Appendix ‘A’ and the pre-conditions outlined in Appendix ‘C’; and,
    9. That the Director of Planning and Urban Design, or his designate, be delegated authority to issue draft plan approval, subject to the conditions set out as Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or designate; and,
    10. That draft plan approval for Plan of Subdivision 19TM-19002 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and,
    11. That Council assign servicing allocation for a maximum of 12 townhouse units; and,
    12. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and further,
    13. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

FOR EMPLOYMENT USES (WARD 2) (10.5, 10.7)

Arvin Prasad, Commissioner, Development Services, introduced and provided brief opening remarks relative to the staff recommendation report for the applications submitted by Leporis Construction Inc.

Ron Blake, Senior Development Manager, Planning & Urban Design, addressed the Committee and summarized the details outlined in the staff report. It was noted that site plan applications for both Leporis Construction Inc. and Flato Developments Inc. lands have not been submitted and staff are in consultation with both land owners with respect to the refinements to their concept plans. It was noted these will be addressed at a future Development Services Committee meeting, when appropriate. 

Bill Tam, KLM Planning, on behalf of the applicant, delivered a presentation on the draft plan of subdivision and zoning by-law amendment.

The Committee discussed the following relative to the staff recommendation report:

  • Importance of proper integration between this application and the Flato Development site;
  • Importance of proper road connectivity;
  • Creating a design theme and having a high-level of urban design landscape plan for the proposed development area; and further,
  • Concerns with not having enough parking spaces at the convention centres.
  • Moved byCouncillor Alan Ho
    Seconded byMayor Frank Scarpitti
    1. That the report titled “RECOMMENDATION REPORT, Leporis Construction Inc., Applications for Zoning By-law Amendment and Draft Plan of Subdivision, submitted by Leporis Construction Inc. at 2705 and 2755 Elgin Mills Road East to facilitate the development of the subject lands for employment uses (Ward 2)” be received; and,
    2. That Zoning By-law Amendment application (ZA 16 137567) submitted by Leporis Construction Inc. be approved and the implementing by-law attached as Appendix ‘B’ be finalized and enacted without further notice; and,
    3. That Draft Plan of Subdivision application (SU 16 137567) submitted by Leporis Construction Inc. be approved subject to the conditions outlined as Appendix ‘A’; and,
    4. That the Director of Planning and Urban Design, or his designate, be delegated authority to issue draft plan approval, subject to the conditions set out as Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or designate; and,
    5. That draft plan approval for Plan of Subdivision 19TM-18009 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and,
    6. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Alain Cachola, Senior Manager, Infrastructure & Capital Projects, addressed the Committee and provided a high level overview of the staff report, which included the main components in the scope of work for the purchase order increase for the City's road design consultant, Ainley & Associates.  

The Committee discussed the following relative to the staff report:

  • Concerns with awarding three different tenders for the different phases of the Victoria Square Boulevard construction;
  • Importance of the streetscape design; and,
  • Ensuring the future of the Victoria Square Boulevard connects the communities on the east and west side through good streetscape and urban design.
  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Reid McAlpine
    1. That the report entitled “Victoria Square Boulevard – Detailed Design Update and Purchase Order Increase Request (Ward 2)” be received; and,
    2. That Purchase Order PD 19403 issued to Ainley & Associates for the detailed design of Victoria Square Boulevard reconstruction be increased by $371,943.33, inclusive of HST, to cover the additional design work required for the project; and,
    3. That Purchase Order PD 19404 for the contingency of the detailed design of Victoria Square Boulevard reconstruction be increased by $37,193.43, inclusive of HST, to cover any additional design work required for the project and that authorization be granted to approve expenditures of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,
    4. That the Engineering Department Capital Administration Fee in the amount of $52,148.13, inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and,
    5. That the 2018 Engineering Capital Account 18059 (Victoria Square Boulevard Design) be increased to cover the additional project estimates in the amount of $461,275.89, inclusive of HST, and funded from City Wide Hard Development Charges Reserve, and further,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

AND RELATED AMENDMENTS TO BY-LAW 2016-84 - A BY-LAW TO IMPLEMENT AN ADMINISTRATIVE MONETARY PENALTY SYSTEM FOR NON-PARKING OFFENCES” (5.0)

Brian Lee, Director, Engineering, addressed the Committee and provided a high level overview of the staff report. It was noted that the Engineering Department consulted with the Legal and Legislative Services on the proposed amendments. 

  • Moved byRegional Councillor Jack Heath
    Seconded byDeputy Mayor Don Hamilton
    1. That the report entitled “Proposed Amendments to By-law 2011-232 - A By-law to Regulate or Prohibit Removal of Topsoil, Placing or Dumping of Fill, and Alteration of The Grade of Land within the City of Markham and related amendments to By-law 2016-84 - A By-law to Implement an Administrative Monetary Penalty System for Non-Parking Offences”, be received; and
    2. That the amendments to By-law 2011-232 - A By-law to Regulate or Prohibit Removal of Topsoil, Placing or Dumping of Fill, and Alteration of the Grade of Land with the City of Markham (“Site Alteration By-law”) described in this report and set out in Attachments A to C be approved and enacted; and
    3. That the amendments to By-law 2016-84 - A By-law to Implement an Administrative Monetary Penalty System for Non-Parking Offences (“AMPS Non-Parking By-law”) described in this report and set out in Attachment D, be approved and enacted; and further
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

11.

There were no motions.

There were no notices of motion.

Councillor Karen Rea addressed the Committee and inquired on the status of the Tremont Hotel being in compliance with the City's Keep Markham Beautiful By-law. It was requested that staff report back on whether the Tremont Hotel is in compliance with the City’s by-laws and policies.

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Isa Lee
    1. That staff be directed to report back to a future Development Services Committee on the status of the Tremont Hotel and whether it is in compliance with the City's by-laws and policies.
    Carried

Councillor Karen Rea addressed the Committee and inquired on the status of the road and streetscape improvements that were proposed in the Markham Village Vision Plan for Main Street Markham from 16th Avenue to Bullock Drive and whether funding will be added to the capital budget for this project. 

It was requested that staff report back on this matter at a future Development Services Committee meeting.

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Isa Lee
    1. That staff be directed to report back to a future Development Services Committee on the road and streetscape improvements that were proposed as part of the Markham Village Vision Plan for Main Street Markham between 16th Avenue and Bullock Drive. 
    Carried

There were no announcements.

The Development Services Committee did not proceed into confidential session.

  • Moved byRegional Councillor Jack Heath
    Seconded byMayor Frank Scarpitti

    That the confidential items listed below be referred directly to the January 26, 2021 Council meeting:

    Carried

15.1
DEVELOPMENT AND POLICY ISSUES
 

15.1.1
DEVELOPMENT SERVICES COMMITTEE CONFIDENTIAL MINUTES – DECEMBER 8, 2020 (10.0) [Section 239 (2) (h)]
 

15.1.2
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – 201 HELEN AVENUE (8.0) [SECTION 239 (2) (e)]
 

15.1.3
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – YONGE AND STEELES DEVELOPMENTS INC. (8.0) [SECTION 239 (2) (e)]
 

  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Alan Ho

    That the Development Services Committee meeting adjourn at 3:23 PM.

    Carried
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