Council Meeting Minutes

Meeting Number: 7

Wednesday, March 20, 2024 at 1:00 P.m. - 4:30 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
• Trinela Cane, Commissioner, Corporate Services
• Arvin Prasad, Commissioner, Development Services
• Claudia Storto, City Solicitor and Director of People Services
• Morgan Jones, Commissioner, Community Services
• Bryan Frois, Manager, Executive Operations & Strategic Initiatives
• Joseph Silva, Treasurer
• Sumon Acharjee, Chief Information Officer
• Kimberley Kitteringham, City Clerk
• Martha Pettit, Deputy City Clerk
• Hristina Giantsopoulos, Election/Council & Committee Coordinator
• Frank Clarizio, Director, Engineering
• Mark Visser, Senior Manager Financial Strategy & Investments
• Stephanie DiPerna, Director, Building Standards
• Maggie Cheung-Madar, Assistant City Solicitor
• Stephen Lue, Acting Senior Manager, Development, Planning & Urban Design
• Darryl Lyons, Deputy Director, Planning & Urban Design

​Alternate formats for this document are available upon request

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1.

CALL TO ORDER

The meeting of Council convened at 1:17 PM on March 20, 2024. Mayor Frank Scarpitti presided.

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.

Mayor Scarpitti recognized the recent loss of former Prime Minister Brian Mulroney, who held office from 1984 to 1993 as Canada’s 18th Prime Minister. Regional Councillor Jim Jones honored Mulroney's legacy, having served alongside him in parliament, and highlighted his numerous achievements during his tenure. 
Mayor Scarpitti also acknowledged the recent passing of Roy McMurtry, Ontario’s former Attorney General and Chief Justice. 
Mayor Scarpitti and Members of Council observed a moment of silence in tribute to both individuals.

2.

DISCLOSURE OF PECUNIARY INTEREST

Deputy Mayor Michael Chan declared a pecuniary interest on Item 14.1.2 of the confidential agenda regarding “Request for Direction – Kingdom Development Inc. 4077, 4101, And 4121 Highway 7 E. (Ward 3)” as he conducts business with the applicant.

3.

APPROVAL OF PREVIOUS MINUTES

3.1

SPECIAL COUNCIL MINUTES (BUDGET 2024) - FEBRUARY 28, 2024

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Isa Lee
  1. That the Minutes of the Special Council Meeting (Budget 2024) held on February 28, 2024, be adopted.
  Carried

3.2

COUNCIL MINUTES - FEBRUARY 28, 2024

• Moved by Councillor Isa Lee
  Seconded by Councillor Keith Irish
  1. That the Minutes of the Council Meeting held on February 28, 2024, be adopted.
  Carried

4.

PRESENTATIONS

There were no presentations.

5.

DEPUTATIONS

5.1

DEPUTATION - ITEM 8.1.1 - PUBLIC MEETING INFORMATION REPORT, 2163321 ONTARIO INC., APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT A 30-STOREY BUILDING (24 STOREYS WITH A SIX-STOREY PODIUM), 

• Moved by Councillor Isa Lee
  Seconded by Councillor Ritch Lau
  1. That the deputation from Gregory Karastergios providing comments regarding the “Public Meeting Information Report, 2163321 Ontario Inc., Applications for Official Plan Amendment and Zoning By-law Amendment to permit a 30-storey building (24 storeys with a six-storey podium), consisting of 372 residential units, including four integrated live-work units fronting Old Kennedy Road, and 305 m2 of ground level commercial space (Ward 8), File No. PLAN 23 148834 be received.
  Carried

5.2

DEPUTATION - ITEM 14.2.1 - OLT APPEAL BY HILTON MARKHAM SUITES HOTEL LIMITED, APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 8) (10.3, 10.5)

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Juanita Nathan
  1. That the deputation from Jóska Zérczi, on behalf of Unionville Residents Association, providing comments regarding "OLT Appeal by Hilton Markham Suites Hotel Limited, Appeal of the Official Plan and Zoning By-Law Amendment Applications" be received.
  Carried
• Moved by Councillor Isa Lee
  Seconded by Councillor Amanda Collucci
  1. That the rules of procedure be waived to allow deputations from Frederick Woo and Tammy Mok who already spoke on this matter at the Development Services Committee.
  Carried by Two Thirds Vote
• Moved by Regional Councillor Jim Jones
  Seconded by Regional Councillor Joe Li
  1. That the deputations from Frederick Woo and Tammy Mok providing comments regarding "OLT Appeal by Hilton Markham Suites Hotel Limited, Appeal of the Official Plan and Zoning By-Law Amendment Applications" be received.
  Carried

6.

COMMUNICATIONS

6.1

LIQUOR LICENCE APPLICATION - DAYALI RESTAURANT (WARD 8) (3.21)

• Moved by Councillor Isa Lee
  Seconded by Councillor Juanita Nathan
  1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
  Carried

6.2

LIQUOR LICENCE APPLICATION - DOPAPEN COFFEE (WARD 2) (3.21)

• Moved by Councillor Ritch Lau
  Seconded by Councillor Andrew Keyes
  1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
  Carried

6.3

ONTARIO LAND TRIBUNAL (OLT) DECISION - ARYEH CONSTRUCTION LIMITED, 8293 AND 8303 WARDEN AVENUE (WARD 3) (10.3) (10.5)

• Moved by Councillor Reid McAlpine
  Seconded by Regional Councillor Jim Jones

  1.    That the Summary from the City Solicitor regarding the Ontario Land Tribunal (OLT) Decision - Aryeh Construction Limited, 8293 and 8303 Warden Avenue (Ward 3) be received.

  Carried

6.4

COMMUNICATION - OLT APPEAL BY HILTON MARKHAM SUITES HOTEL LIMITED, APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 8) (10.3, 10.5)

• Moved by Councillor Reid McAlpine
  Seconded by Regional Councillor Alan Ho
  1. That the written communications submitted by Frederick Woo, Peter Miasek, and Tammy Mok providing comments regarding the OLT Appeal by Hilton Markham Suites Hotel Limited, Appeal of the Official Plan and Zoning By-Law Amendment Applications (Ward 8) be received.
  Carried

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

• Moved by Deputy Mayor Michael Chan
  Seconded by Councillor Keith Irish
  1. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. SPANISH LANGUAGE DAY, April 23, 2024.
  Carried

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 8 DEVELOPMENT SERVICES PUBLIC MEETING (FEBRUARY 13, 2024)

• Moved by Regional Councillor Joe Li
  Seconded by Regional Councillor Jim Jones

  That the report of the Development Services Public Meeting be received & adopted. (Items 1):

  Carried

8.1.1

PUBLIC MEETING INFORMATION REPORT, 2163321 ONTARIO INC., APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT A 30-STOREY BUILDING (24 STOREYS WITH A SIX-STOREY PODIUM), CONSISTING OF 372 RESIDENTIAL UNITS, 

• Moved by Regional Councillor Joe Li
  Seconded by Regional Councillor Jim Jones
  1. That the deputation by George Shi be received; and,
  2. That the written submissions received by George Shi, Gregory Karastergios, Helen Mihailidi, on behalf of Milliken Main Street Landowners Group Inc., and Templar Tsang-Trinaistich, Delta Urban Inc. and Group Manager of the Milliken Main Street Landowners Group; and,
  3. That the report entitled “PUBLIC MEETING INFORMATION REPORT, 2163321 Ontario Inc., Applications for Official Plan Amendment and Zoning By-law Amendment to permit a 30-storey building (24 storeys with a six-storey podium), consisting of 372 residential units, including four integrated live-work units fronting Old Kennedy Road, and 305 m2 of ground level commercial space (Ward 8), File No. PLAN 23 148834”, be received; and,
  4. That the Record of the Public Meeting held on February 13, 2024 with respect to the proposed Official Plan Amendment and Zoning By-law Amendment applications, be received; and,
  5. That the applications by 2163321 Ontario Inc., for a proposed Official Plan Amendment and Zoning By-law Amendment (PLAN 23 148834), be approved and the draft implementing Official Plan Amendment and Zoning By-law Amendment be finalized and enacted without further notice; and further,
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.2

REPORT NO. 9 DEVELOPMENT SERVICES COMMITTEE (MARCH 5, 2024)

• Moved by Regional Councillor Jim Jones
  Seconded by Regional Councillor Joe Li

  That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

  Carried

8.2.1

MEMORANDUM, COUNCIL APPROVAL FOR PARKLAND DEDICATION EXEMPTION: 11 AND 15 GRANDVIEW BOULEVARD (CSNT 20 127548, B/016/20, B/010/21) (6.3)

• Moved by Regional Councillor Jim Jones
  Seconded by Regional Councillor Joe Li
  1. That the memorandum titled, “Council Approval for Parkland Dedication Exemption: 11 and 15 Grandview Boulevard (CSNT 20 127548, B/016/20, B/010/21)”, be received; and,
  2. That the Commissioner of Development Services or the Director of Planning and Urban Design be authorized to exempt parkland obligation for the existing lots and only collect parkland obligation for the newly created lot for the application identified in this memo; and,
  3. That the Parkland Dedication By-law be amended to authorize the Commissioner of Development Services or the Director of Planning and Urban Design to consider and approve any future requests for exemption of parkland dedication obligations based on criteria arising from similar contexts and elements as the subject application; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.2.2

RECOMMENDATION REPORT, THE REGIONAL MUNICIPALITY OF YORK AT 14TH AVENUE AND DONALD COUSENS PARKWAY, OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS AND SITE PLAN CONTROL APPLICATIONS TO PERMIT A FOUR AND SIX-STOREY AFFORDABLE RENTAL BUILDING 

• Moved by Regional Councillor Jim Jones
  Seconded by Regional Councillor Joe Li
  1. That the March 5, 2024, report titled, “RECOMMENDATION REPORT, The Regional Municipality of York, Official Plan and Zoning By-law Amendments and Site Plan Control applications to permit a four and six-storey affordable rental building at the southwest corner of 14^th Avenue and Donald Cousens Parkway (Ward 7), File PLAN 21 120261 and SPC 22 109682”, be received; and,
  2. That the written submissions from Yang Meng and She Love received on March 4, 2024, be received; and,
  3. That the Official Plan Amendment application submitted by the Regional Municipality of York, 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,
  4. That the Zoning By-law Amendment application submitted by the Regional Municipality of York 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,
  5. That the Site Plan application submitted by the Regional Municipality of York be endorsed in principle, and that Site Plan Approval be delegated to the Director of Planning and Urban Design or designate; and,
  6. That Council assign servicing allocation for 153 dwelling units for Site Plan Control File SPC 22 109682; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.2.3

RECOMMENDATION REPORT, HNT INC. AT 8310 WOODBINE AVENUE, APPLICATION FOR A ZONING BY-LAW AMENDMENT SUBMITTED BY HNT INC. TO PERMIT A MULTI-UNIT COMMERCIAL BUILDING AT 8310 WOODBINE AVENUE (WARD 8), FILE NO. PLAN 22 258667 (10.5)

• Moved by Regional Councillor Jim Jones
  Seconded by Regional Councillor Joe Li
  1. That the report titled, “RECOMMENDATION REPORT, Application for a Zoning By-law Amendment submitted by HNT Inc. to permit a multi-unit commercial building at 8310 Woodbine Avenue (Ward 8), File No. PLAN 22 258667”, be received; and,
  2. That the written submission from Howard Buckman directed to the March 5th Development Services Committee be received; and,
  3. That the application submitted by HNT Inc. to amend Zoning By-law 165-80, as amended, be approved and the Zoning By-law, attached hereto as Appendix ‘A’, be approved; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.3

REPORT NO. 10 GENERAL COMMITTEE (MARCH 19, 2024)

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan

  That the report of the General Committee be received & adopted. (Items 1 to 5):

  Carried

8.3.1

294-T-23 BLOCK TREE PRUNING PROGRAM (YEAR 5 OF 8) (2.21)

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan
  1. That the report entitled “294-T-23 Block Tree Pruning Program (Year 5 of 8)” be received; and,

  2. That the contracts for Tender 294-T-23 Block Tree Pruning Program (Year 5 of 8) be awarded to the lowest priced bidders as follows:
     1. Tree Doctors Inc. (three grid areas) in the amount of $46,300.80, inclusive of HST; and
     2. Davey Tree Expert Co. of Canada, Limited (two grid areas) in the amount of $343,412.04, inclusive of HST; for a total amount of $389,712.84 ($46,300.80 + $343,412.04), inclusive of HST; and,

  3. That the estimated costs of $389,712.84 be funded from account 700-101-5399-23463 (Block Pruning Initiative – Year 5 of 8) with budget available of $229,000.00; and,

  4. That the budget shortfall in the amount of $160,712.84 ($229,000.00 - $389,712.84) be funded from the Life Cycle Replacement and Capital Reserve Fund; and further,

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

8.3.2

2023 SUMMARY OF REMUNERATION AND EXPENSES FOR COUNCILLORS AND APPOINTEES TO BOARDS (7.0)

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan
  1. That the report entitled “2023 Summary of Remuneration and Expenses for Councillors and Appointees to Boards” be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.3.3

2023 YEAR-END RESULTS OF OPERATIONS (7.0)

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan
  1. That the report titled “2023 Year-End Results of Operations” be received; and, 
  2. That the City’s 2023 operations net favourable variance of $4.86M be transferred to the Life Cycle Capital Replacement and Capital Reserve Fund, as per the approved Financial Planning and Budgeting Policy; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.3.4

ANNUAL WATER QUALITY REPORT (JANUARY – DECEMBER 2023) (5.3)

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan
  1. That the report titled “Annual Water Quality Report (January-December 2023)” as required by Schedule 22 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, enclosed herein be received; and,
  2. That the Annual 2023 Regulatory Water Quality Report (Attachment “A”), containing information for the Ministry of the Environment, Conservation and Parks (MECP) on water supply and quality as required by Section 11 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, be received; and,
  3. That Council acknowledge that staff posted the Annual 2023 Detailed Regulatory Water Quality Report on the City’s website and that it has been made available electronically and in hard copy version by February 28, 2024 as per regulations; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.3.5

CITY OF MARKHAM COMMENTS ON THE PROPOSED GET IT DONE ACT, 2024 (BILL 162) (10.0)

• Moved by Councillor Keith Irish
  Seconded by Deputy Mayor Michael Chan
  1. That the report entitled "City of Markham Comments on the Proposed Get It Done Act, 2024 (Bill 162)" dated March 19, 2024, be received; and,
  2. That this report be forwarded to the Minister of Municipal Affairs and Housing as the City of Markham’s comments on Bill 162; and note specifically, 
     • That the City of Markham supports Modification 22 the proposed removal of the Future Urban Area Overlay; and,
     • That the City of Markham requests the Province to amend Bill 162 to address other comments raised in the letter from the City dated December 5, 2023; and, 
  3. That this report be forwarded to York Region as the City of Markham’s comments on Bill 162; and further, 
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.

MOTIONS

There were no motions.

10.

NOTICE OF MOTION TO RECONSIDER

There were no notices of motion to reconsider.

11.

NEW/OTHER BUSINESS

There was no new or other business.

12.

ANNOUNCEMENTS

Mayor Scarpitti congratulated City staff and the City’s community partners for successfully hosting the 50th Anniversary event of the Little Native Hockey League.

13.

BY-LAWS - THREE READINGS

• Moved by Regional Councillor Alan Ho
  Seconded by Councillor Reid McAlpine

  That By-laws 2024-43 and 2024-45 to 2024-53 be given three readings and enacted.

  Carried

Three Readings

13.1

BY-LAW 2024-43, A BY-LAW TO AMEND BY-LAW 108-81, AS AMENDED

The proposed by-law amendment applies to a parcel of land located on the north side of Steeles Avenue East and east of Woodbine Avenue. The purpose of this By-law is to rezone the subject lands under By-law 108-81, as amended to permit the sales, service, and open storage of motor vehicles on the site. (Weins Canada Inc., 3120 Steeles Avenue East, PLAN 22 262232)
[Report No. 8 Development Services Committee Public Meeting (February 27, 2023)]

• Carried

13.2

BY-LAW 2024-44, ARYEH CONSTRUCTION LIMITED (8293 AND 8303 WARDEN AVENUE) - ZONING BY-LAW AMENDMENT (WARD 3) (10.3)(10.5) 

A By-law to amend By-law 2004-196, as amended by 2017-54 amends an area that is located on the east side of Warden Avenue, south of Highway 7.  The purpose of this by-law amendment is to incorporate the lands into the designated area of the Markham Centre Zoning By-law No. 2004-196 and zone them “Markham Centre Public Space One” and “Markham Centre Downtown Two” as shown on Schedule ‘A’ to the by-law, incorporating site specific use permissions and development standards to permit the majority of te property to be developed with a high density residential development. The entire area north of future Rougeside Promenade and portions of the area south of Rougeside Promenade are to be conveyed to the City of Markham as public parkland. (Aryeh Construction Limited, 8293 and 8303 Warden Avenue)

By-law 2024-44 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.3)

13.3

BY-LAW 2024-45, REGIONAL MUNICIPALITY OF YORK ( 14TH AVENUE AND DONALD COUSENS PARKWAY, AT 15 VETTESE COURT) - ZONING BY-LAW AMENDMENT (WARD 7) (10.3)(10.5) 

A By-law to Amend By-Law 304-87, as amended (to delete lands from the designated area of By-law 304-87) and to amend By-law 177-96, as amended (to incorporate lands into the designated area of By-law 177-96) 
The land affected is located at the southwest corner of Donald Cousens Parkway and 14th Avenue within the Box Grove Community.  The subject lands are zoned Agriculture One (A1) Zone under By-law 304-87, as amended.  The effect of this by-law amendment is to permit a four to six storey residential apartment building on the subject ands.(Regional Municipality of York, Part of Lots 4, 5 and 6, Concession 9, Part 6, 65R-30962, Donald Cousens Parkway and 14th Avenue, ZA 21 120261)
(Item 8.2.2)

• Carried

13.4

BY-LAW 2024-46, REGIONAL MUNICIPALITY OF YORK (14TH AVENUE AND DONALD COUSENS PARKWAY, AT 15 VETTESE COURT) - OFFICIAL PLAN AMENDMENT NO. 50 (WARD 7) (10.3)(10.5) 

Being a By-Law to adopt Amendment No. 50 to the City of Markham Official Plan 2014, as amended.
(Item 8.2.2)

• Carried

13.5

BY-LAW 2024-47, A BY-LAW TO AMEND BY-LAW NO. 2002-276, BEING A BY-LAW TO IMPOSE FEES OR CHARGES FOR SERVICES OR ACTIVITIES PROVIDED OR DONE BY THE CITY OF MARKHAM (2024 WATER/WASTEWATER RATE) 

A By-law to amend By-law No. 2002-276, being a by-law to impose fees or charges for services or activities provided or done by the City of Markham. (2024 Water/Wastewater Rate) 

• Carried

13.6

BY-LAW 2024-48,  35-51 OLD KENNEDY ROAD (2163321 ONTARIO INC. LANCE GAO) - ZONING BY-LAW AMENDMENT (WARD 8) (10.3)(10.5)

A By-law to amend By-law 177-96, as amended applies to a 0.3 ha (0.75 ac) parcel of land located on the east side of Old Kennedy Road and north of Steeles Avenue and to rezone the subject lands to “Neighbourhood Commercial Three Exception 749 Hold [NC3*749(H)] Zone” and to implement site specific development standards to permit a mixed-use high-rise development. (2163321 Ontario Inc. Part of Lot 1, Concession 6, Plan 64R-1706 35-51, Old Kennedy Road, PLAN 23 148834)
(Item 8.1.1)

• Carried

13.7

BY-LAW 2024-49, 35-51 OLD KENNEDY ROAD (2163321 ONTARIO INC. LANCE GAO) - OFFICIAL PLAN AMENDMENT NO. 265 (WARD 8) (10.3)(10.5) 

Being a By-Law to adopt Amendment No. 265 to amend the Official Plan (Revised 1987), as amended, to incorporate Amendment No. 3 to the Main Street Milliken Secondary Plan (PD 2-4) for part of the Risebrough Planning District (Planning District No. 2).(2163321 Ontario Inc. Part of Lot 1, Concession 6, Plan 64R-1706 35-51, Old Kennedy Road, PLAN 23 148834)
(Item 8.1.1)

• Carried

13.8

BY-LAW 2024-50, A BY-LAW TO AMEND BY-LAW 2017-27 KEEP MARKHAM BEAUTIFUL (MAINTENANCE) BY-LAW  BEING A BY-LAW TO REGULATE AND PRESCRIBE STANDARDS FOR THE MAINTENANCE OF PRIVATE PROPERTY AND MUNICIPAL BOULEVARDS WITHIN THE CITY OF MARKHAM

To amend By-law 2017-27 Keep Markham Beautiful (Maintenance) By-law being a By-law to regulate and prescribe standards for the maintenance of private property and municipal boulevards within the City of Markham

• Carried

13.9

BY-LAW 2024-51, A BY-LAW TO AMEND THE NOISE BY-LAW (2017-74), PROPERTY STANDARDS BY-LAW (2017-26), IDLING CONTROL BY-LAW (2005-192), SIGNS BY-LAW (2002-94) AND PARKS BY-LAW (167-92) BEING REGULATORY BY-LAWS WITHIN THE CITY OF MARKHAM  

To amend the Noise By-law (2017-74), Property Standards By-law (2017-26), Idling Control By-law (2005-192), Signs By-law (2002-94) and Parks By-law (167-92) being regulatory By-laws within the City of Markham  

• Carried

13.10

BY-LAW 2024-52, A BY-LAW TO DESIGNATE PART OF A CERTAIN PLAN OF SUBDIVISION NOT SUBJECT TO PART LOT CONTROL - CORNELL ROUGE DEVELOPMENTS CORP. 

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (east side of Cornell Rouge Boulevard, north of Highway 7 East).  This by-law is to exempt the subject block from the part lot control provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended. The  By-law is to facilitate the conveyance of 24 townhouse units. (Ward 5, Cornell Rouge Developments Corp. Blocks 9, 11 and 14 Plan 65M-4674 and Block 18, Plan 65M-4656.)

• Carried

13.11

BY-LAW 2024-53, A BY-LAW TO AMEND BY-LAW 165-80, AS AMENDED, AND TO AMEND BY-LAW 177-96, AS AMENDED - ZONING BY-LAW AMENDMENT AT 8310 WOODBINE AVENUE (HNT INC.) (WARD 8) (10.3)(10.5)

This is a Zoning By-law to amend by-law 165-80, as amended, (to delete lands from the designated areas of by-law 165-80), and to amend By-law 177-96, as amended, (to incorporate lands into the designated area of by-law 177-96).  It rezones the subject lands under By-law 177-96, as amended, located on the southwest corner of Woodbine Avenue and Lanark Road, municipally known as 8310 Woodbine Avenue in order to permit a one storey multi-unit commercial building on the subject lands.(Ward 8, File No. Plan 22 258667)
(Item 8.2.3)

• Carried

14.

CONFIDENTIAL ITEMS

• Moved by Councillor Juanita Nathan
  Seconded by Regional Councillor Jim Jones

  That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters:

  Carried
• Council resumed in open session and approved the following at 4:36 PM:  

  Deputy Mayor Michael Chan had left the meeting prior to discussion of Item 14.1.2 and was not present when the meeting resumed in Open Session. Item 14.1.2 was considered last on the confidential agenda.

14.1

COUNCIL

14.1.1

CONFIDENTIAL COUNCIL MINUTES - FEBRUARY 28, 2024 [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

• Moved by Regional Councillor Alan Ho
  Seconded by Regional Councillor Joe Li

  NOTE:    UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MARCH 20, 2024:

  1. That the confidential Council minutes of the Council Meeting held on February 28, 2024, be adopted.
  Carried

14.1.2

REQUEST FOR DIRECTION – KINGDOM DEVELOPMENT INC. 4077, 4101, AND 4121 HIGHWAY 7 E. (WARD 3)

• NOTE:    UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MARCH 20, 2024:

  1. That the confidential legal report titled “Request for Direction Re: Kingdom Development Inc. 4077, 4101, and 4121 Highway 7 E. Cash-in-Lieu of Parkland calculation dispute” be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

14.1.3

CONFIDENTIAL UPDATE - FOURO TOWERS BUILDERS LTD. AND SASSON CONSTRUCTION INC., ONTARIO LAND TRIBUNAL APPEALS FOR ZONING BY-LAW AMENDMENT AND SITE PLAN APPLICATIONS TO FACILITATE A MIXED USE DEVELOPMENT

• NOTE:    UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MARCH 20, 2024:

  1. That the confidential legal report titled “Ontario Land Tribunal Appeal  Settlement OFFER - Zoning By-law Amendment Site Plan Control” be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

14.2

REPORT FROM DEVELOPMENT SERVICES COMMITTEE - MARCH 5, 2024

14.2.1

OLT APPEAL BY HILTON MARKHAM SUITES HOTEL LIMITED, APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 8) (10.3, 10.5)

• NOTE:    UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MARCH 20, 2024:

  1. That the Confidential Report titled “Ontario Land Tribunal Appeal by Hilton Markham Suites Hotel Limited, Appeal of the Official Plan and Zoning By-law Amendment applications to permit a high density residential mixed-use development consisting of five new buildings and a public park located at the southwest corner of Warden Avenue and Highway 7, municipally known as 8500 Warden Avenue, in Markham Centre (Ward 8)” be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

14.2.2

REQUEST FOR DIRECTION – OLT APPEAL BY EASTSIDE CHEVROLET GMC BUICK LTD., APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 8) (10.3, 10.5) 

• NOTE:    UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MARCH 20, 2024:

  1. That the March 5, 2024, Confidential Report titled, “REQUEST FOR DIRECTION REPORT, Ontario Land Tribunal Appeal by Eastside Chevrolet GMC Buick Ltd., Appeal of the Official Plan and Zoning By-law Amendment applications to permit a mixed-use development consisting two 35-storey buildings, 618 residential units, and 2,820 m2 (30,354 ft2) of motor vehicle sales, retail, and office uses at 8435 Woodbine Avenue (Ward 8)”, be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

14.2.3

REQUEST FOR DIRECTION - ONTARIO LAND TRIBUNAL APPEAL OF DESIGNATION BY-LAW FOR 10159 MCCOWAN ROAD (WARD 6) (16.11.3)

• NOTE:    UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MARCH 20, 2024:

  1. That the confidential report, dated March 5, 2024, titled “Request for Directions - Ontario Land Tribunal Appeal by Markham MMM North Development Corporation of the Designation By-law for 10159 McCowan Road (Ward 6)”, be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

15.

CONFIRMATORY BY-LAW - THREE READINGS

• Moved by Councillor Isa Lee
  Seconded by Councillor Keith Irish

  That By-law 2024-42 be given three readings and enacted.

  Three Readings

  BY-LAW 2024-42 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 20, 2024.
  No attachment

  Carried

16.

ADJOURNMENT

• Moved by Regional Councillor Alan Ho
  Seconded by Councillor Reid McAlpine

  That the Council meeting be adjourned at 4:49 PM.

  Carried