Development Services Committee Meeting Minutes

Meeting Number: 5

Tuesday, January 31, 2023 at 9:00 A.m. - 4:00 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
• Trinela Cane, Commissioner, Corporate Services
• Arvin Prasad, Commissioner, Development Services
• Claudia Storto, City Solicitor and Director of Human Resources
• Adam Grant, Fire Chief
• Stephanie DiPerna, Director, Building Standards
• Frank Clarizio, Director, Engineering
• Bryan Frois, Manager of Executive Operations & Strategic Initiatives
• Alain Cachola, Senior Manager, Infrastructure and Capital Projects
• Geoff Day, Senior Planner, Zoning & Special Projects
• Loy Cheah, Senior Manager, Transportation
• Regan Hutcheson, Manager, Heritage
• Darryl Lyons, Deputy Director, Planning & Urban Design
• Stacia Muradali, Acting Manager, Development - East
• Mark Visser, Senior Manager, Financial Strategy & Investments
• Laura Gold, Council/Committee Coordinator
• Emily Irvine, Special Project Coordinator
• Erica Alligood
• Chris Rickett, Director, Economic Development, Culture and Entrepreneurship
• Rajeeth Arulanantham
• Sumon Acharjee, Chief Information Officer
• Giulio Cescato, Director of Planning & Urban Design
• Cristin Miller, Supervisor, Zoning
• Tony Iacobelli, Manager, Natural Heritage
• Kabir Kolawole, Traffic System Engineer

​Alternate formats for this document are available upon request

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1.

CALL TO ORDER

The Development Services Committee convened at 9:10 AM with Regional Councillor Jim Jones in the Chair.

Councillor Reid McAlpine arrived at 9:29 AM.

Councillor Karen Rea arrived at 9:33 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.

2.

DISCLOSURE OF PECUNIARY INTEREST

There were no disclosures of pecuniary interest. 

3.

APPROVAL OF PREVIOUS MINUTES

3.1

DEVELOPMENT SERVICES COMMITTEE MINUTES – JANUARY 17, 2023 (10.0)

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Isa Lee
  1. That the minutes of the Development Services Committee meeting held January17, 2023, be confirmed.
  Carried

3.2

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES - DECEMBER 6, 2022 AND JANUARY 23, 2023 (10.0)

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Isa Lee
  1. That the minutes of the Development Services Public Meeting held December 6, 2022 and January 23, 2023, be confirmed.
  Carried

3.3

SPECIAL DEVELOPMENT SERVICES COMMITTEE MINUTES - JANUARY 16, 2023 (10.0)

• Moved by Councillor Andrew Keyes
  Seconded by Councillor Isa Lee
  1. That the minutes of the Special Development Services Committee meeting held January 16, 2023, be confirmed.
  Carried

4.

PRESENTATIONS

4.1

PRESENTATION OF SERVICE AWARDS (12.2.6)

The Development Services Committee recognizes the following members of staff:

Community Services Commission

Anthony Canto, Waterworks Operator I, Environmental Services, 10 years

Ralph Mione, Fitness Counsellor, Recreation Services, 10 years

Taylor Thomson, Operations Supervisor, Roads, Operations, 5 years

John Payne, Facility Operator II, Recreation Services, 5 years

Corporate Services Commission

Sugun Rao, Manager, Technology Infrastructure, Information Technology Services, 20 years

Saima Shaikh, Contact Centre Representative, Legislative Services, 5 years

Development Services Commission

Tina Roberge, Admin Asst., Strategy & Innovation Team, Planning & Urban Design, 20 years

Rachel D'Oliveira, Program Coordinator, Art Gallery, Economic Growth, Culture & Entrepreneurship, 5 years

Julie Chowdhury, Senior Capital Works Engineer, Engineering, 5 years

5.

DEPUTATIONS

There were no deputations. 

6.

COMMUNICATIONS

There were no communications. 

7.

PETITIONS

There were no petitions. 

8.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

8.1

MINUTES OF THE OCTOBER 17, 2022 AND NOVEMBER 14, 2022 VARLEY-MCKAY ART FOUNDATION OF MARKHAM (16.0)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Isa Lee
  1. That the minutes of the October 17, 2022 and November 14, 2022 Varley-McKay Art Foundation meeting, be received for information purposes.
  Carried

8.2

CURRENT PROCESS FOR THE REVIEW AND IMPLEMENTATION OF TRAFFIC CONTROL MEASURES (CITY-WIDE) (5.12)

D. Porretta, ext. 2040 / K. Kolawole, ext. 2736

Note: Supplemental presentation is attached.

Frank Clarizio, Director, Engineering, provided a brief introduction to the item and introduced Kabir Kolawole to provide a presentation.

Kabir Kolawole, Traffic Systems Engineer, provided a brief presentation to summarize the related report and to advise Council on the current process for review and implementation of traffic control measures.

Automated Speed Enforcement

The Committee inquired about automated speed enforcement cameras and the possibility of establishing automated speed enforcement cameras in Markham. Staff advised that the Region concluded their two-year pilot program and brought forth a report to Regional Council in June of 2022. Staff advised that the Region plans to expand their program from 2024 - 2026. Staff confirmed that they are exploring a partnership with York Region in which automated speed enforcement could be placed in school zones throughout Markham. Staff advised that prior to undertaking this project, they would need to confirm if they could use the Region's automated monetary penalty system (AMPS). Staff clarified that a partnership with the Region is not a necessity, but that an AMPS must be in place, which is a significant investment, thus Staff is exploring collaboration opportunities with the Region. Staff advised that if they look to undertake a pilot project, they could put forward a budget request in 2024.

The Committee asked if the Province has changed the rules as to the placement of photo radar, to extend beyond school zones. Staff confirmed that the Provincial Legislation has not changed and permits automated speed enforcement cameras in school zones and community safety zones only, which are designated by Council. The Committee inquired about the appearance of the automated speed enforcement cameras, as they noted the Region's cameras are noticeably large. Staff advised that there are mobile automated speed enforcement cameras which are quite large, and fixed automated speed enforcement cameras which are much smaller. Staff confirmed that they would circulate the Region's report from June 2022 to show the location of the automated speed enforcement cameras placed throughout the Region.

Traffic Calming Measures

The Committee inquired about the prohibition of right turns on red lights throughout the City and asked if more roundabouts could be incorporated in new developments throughout the City. Staff confirmed that there are instances where right turns on red lights may be prohibited when safety concerns are established and investigated. Staff confirmed that in these instances, traffic congestion implications would also need to be investigated. Staff noted that all recent No Right Turns on Red that were recently implemented were at Regional intersections. Staff confirmed that they are looking into all measures of traffic calming as part of the broad review of traffic control measures and that a roundabout pilot may be explored for specific areas.

The Committee asked for consideration of the placements of bus stops when planning pedestrian crossings. Staff confirmed that they will take into consideration bus stop locations when planning safe pedestrian crossings.

The Committee asked for Staff to clarify the process of reviewing and implementing new traffic signals, particularly if there is a request from the community. Staff confirmed that the request typically is lodged through the Contact Centre, after which Staff will confirm if they have recent traffic data related to the location in question. If Staff has recent traffic data, they would analyze the data and provide a response within 10 business days. Staff confirmed that if they do not have recent traffic data, a study would be arranged for the Spring or Fall when traffic volumes are considered typical. Staff advised that once a need has been established, it would take approximately two years to design, construct, and activate a new traffic signal.

The Committee inquired as to how frequently traffic lights are calibrated. Staff advised that traffic signal timing is reviewed every two to three years to ensure they are optimized based on travel demands.

The Committee suggested that York Region Staff be invited to a future meeting to provide an update on their automated speed enforcement cameras pilot program.

Nimisha Patel provided a deputation and advised that there was a pedestrian crosswalk which was authorized by Council for immediate installation in July of 2021, in the Box Grove neighbourhood. Ms. Patel asked for an update on the construction of the pedestrian crosswalk. Staff advised that supply delivery issues impacted the construction of the pedestrian crosswalk in question, but advised that it should be operational by the second quarter of 2023.

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Keith Irish
  1. That the deputation from Nimisha Patel be received; and, 
  2. That the presentation and staff report titled “Current Process for the Review and Implementation of Traffic Control Measures (City-wide)”, be received for information.
  Carried

8.3

UNIONVILLE SUB-COMMITTEE MINUTES - JUNE 14, 2022 (10.0)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Isa Lee
  1. That the minutes and appendix of the Unionville Sub-Committee meeting held June 14, 2022, be received for information purposes.
  Carried

8.4

FLATO MARKHAM THEATRE ADVISORY BOARD MINUTES - OCTOBER 21, 2022 (16.0)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Isa Lee
  1. That the minutes of the Flato Markham Theatre Advisory Board meeting held October 21, 2022, be received for information purposes.
  Carried

8.5

FRIENDS OF THE MARKHAM MUSEUM BOARD MINUTES - NOVEMBER 9, 2022 AND DECEMBER 14, 2022 (16.0)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Isa Lee
  1. That the minutes of the Friends of the Markham Museum Board meeting held November 9, 2022 and December 14, 2022, be received for information purposes.
  Carried

8.6

HERITAGE MARKHAM COMMITTEE MINUTES – DECEMBER 14, 2022 AND JANUARY 11, 2023 (16.11)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Isa Lee
  1. That the minutes of the Heritage Markham Committee meeting held December 14, 2022 and January 11, 2023, be received for information purposes.
  Carried

8.7

CYCLING AND PEDESTRIAN ADVISORY COMMITTEE (CPAC) MINUTES – OCTOBER 20, 2022 (16.34)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Isa Lee
  1. That the minutes of the Cycling and Pedestrian Advisory Committee (CPAC) meetings held October 20, 2022, be received for information purposes
  Carried

9.

REGULAR REPORT - DEVELOPMENT AND POLICY MATTERS

9.1

CYCLING AND PEDESTRIAN ADVISORY COMMITTEE (CPAC) MINUTES – NOVEMBER 17, 2022 (16.34)

Note: Committee has the option to endorse, amend, refer to staff or receive for information the following recommendation from the November 17, 2022 Cycling and Pedestrian Advisory Committee meeting:

1. Whereas the total population and population density of Markham are increasing significantly, requiring new modes of travel; and,
2. Whereas new technologies, and other changes to society, have led to new modes of transportation appearing in Markham; and,
3. Whereas Micro mobility such as e-bikes and e-scooters (shared or privately owned) have added new options for Markham residents; and,
4. Whereas Micro mobility can contribute to sustainability, better land use and inclusiveness; and,
5. Whereas Micro mobility can support public transportation as modes for the first and last miles; and,
6. Whereas new data has suggested that e-scooters can reduce car use and therefore can reduce congestion and emissions; and,
7. Whereas Markham's Active Transportation Master Plan includes an action (E18) that is based on the assumption that a supportive policy and legal framework exists in Markham for micro mobility; and,
8. Whereas there are challenging trade-offs between facilitating micro mobility and accommodating disabled travelers, requiring a thoughtful policy regime; and,
9. CPAC recommends to Markham Council that:
   1. The City participate in the Provincial e-scooter pilot program and permit e-scooters on City facilities as appropriate; and,
   2. A start be made to building a safe network for Micro mobility; and,
   3. Parking spaces be provided for forms of Micro mobility; and,
10. CPAC recommends to Markham Council to direct Staff to draft a report on Micro mobility:
    1. Setting policies for Micro mobilities; and further,
    2. The development of an attainable infrastructure for the various forms of Micro mobility.

The Committee inquired about the Provincial pilot surrounding micro-mobility and asked if the City would partake. Staff confirmed that Engineering is planning to present a report on micro-mobility with regards to what other municipalities and the Region have been undertaking, in Spring of 2023.

Staff confirmed that they would be seeking budget approval with respect to the Transportation  Strategic Plan update and would be looking to incorporate micro-mobility strategies in that plan. Staff also advised that the Transportation Strategic Plan Update would take more than one year to complete.

The Committee raised concerns with the provided timeline as micro-mobility is already a present issue within the City.

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Keith Irish
  1. Whereas the City of Markham will be including micro-mobility strategies in its Transportation Strategic Plan Update; and,
  2. Whereas City Staff are preparing a background report regarding micro-mobility use in the Spring of 2023; and,
  3. That the Staff report also include an overview on opportunities for the City of Markham to participate in the Provincial pilot program; and further,
  4. That the minutes of the Cycling and Pedestrian Advisory Committee (CPAC) meetings held November 17, 2022, be received for information purposes.
  Carried

9.2

MENU BOARD SIGN VARIANCE – 2048833 ONTARIO INCORPORATED 8310 MCCOWAN ROAD APPLICATION NO. 22.261422.000.00.SP (2.16, 10.13)

C. Miller, ext. 3980

Arvin Prasad, Commissioner, Development Services, advised that this item is related to an application for a menu sign variance at 8310 McCowan Road. Mr. Prasad advised that this location is the site of a building with multiple tenants which are connected by a shared parking lot, with shared access. Mr. Prasad advised that Staff recommend approval of the menu board sign variance application and introduced Stephanie DiPerna, Director, Building Standards, to provide further detail. 

Stephanie DiPerna, Director, Building Standards, advised that the current by-law 2002-94 permits a single menu board for drive through locations with only one drive through window. Ms. DiPerna advised that the Applicant is seeking to replace the pre-menu board at this location, which does not typically have a speaker, with an additonal menu board with a speaker.  Ms. DiPerna advised that the size of the second menu board has been limited to mimic the size of a pre-menu board. 

The Committee requested to add verbiage to the recommendation which speaks to the positioning of the second menu-board, to ensure visibility only through those in the drive through. 

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Karen Rea
  1. That the menu board sign variance application by 2048833 Ontario Incorporated at 8310 McCowan Road, Application No. 22.261422.000.00.SP, BE APPROVED subject to the following conditions:
     1. That the proposed menu board sign be restricted to a maximum height of 2.5 metres and a maximum sign area of 2.0 square metres; and,
     2. Where two (2) menu board signs are provided on-site, zero (0) pre-menu boards be permitted in association with the drive-through service facility; and,
  2. Whereas the location of the second menu board sign is such that it is visible only by those using the drive through, and is not visible from any arterial road; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.3

STREAMLINING DEVELOPMENT APPROVALS THROUGH A COMMUNITY PLANNING PERMIT SYSTEM (10.0)

E. Irvine, ext. 2094

Note: Presentation is attached.

Arvin Prasad, Commissioner, Development Services, advised that the City has undertaken significant measures to improve development processing timelines, over the last several years. By way of background, Mr. Prasad advised that KPMG was acquired in 2019 to undertake a fulsome review of development application review processes. Mr. Prasad confirmed that some of the funds awarded to the City through the Audit and Accountability Fund are now being used to explore Community Planning Permit Systems (CPPS) and the feasibility of using such a system in the City of Markham. Mr. Prasad introduced Darryl Lyons, Deputy Director, Planning & Urban Design to provide further background.

Darryl Lyons, Deputy Director, Planning & Urban Design, advised that exploring CPPS is one component of the City's efforts to improve development application processes and procedures and explained that the Audit and Accountability Fund is meant to assist large municipalities in streamlining processes. Mr. Lyons introduced Emily Irvine, Special Projects Coordinator, and Stefan Szczerbak & Debbie Vandenakker of Planscape to deliver a presentation. 

Emily Irvine provided a presentation in conjunction with Mr. Szczerbak and Ms. Vandenakker.

The Committee asked if the City of Toronto has incorporated Community Planning Permit Systems into any of their communities. The Committee noted that a CPPS may allow the timeline reductions stipulated within Provincial Bill 109. Staff clarified that City of Toronto attempted to undertake a CPPS for the entire City which garnered significant push-back from residents. Staff clarified that Bill 109 does not mention CPPS and clarified that while the tool allows for streamlining of the process, the effort and time to implement a CPPS would be substantial. Staff also noted there would be some workload increase as a result of the CPPS and traditional planning tools operating in tandem.

The Committee asked for clarification on how a CPPS differs from an Official Plan and City-Wide Zoning. The Consultants clarified that the CPPS can include built in variances which would prevent applications from going to the Committee of Adjustment. 

The Committee questioned if the CPPS can be appealed to the Ontario Land Tribunal. Staff clarified that the CPPS can be appealed prior to implementation but once implemented, could not be appealed until the review process is taking place, every five years. The Committee further questioned the outcome if one landowner appeals the CPPS prior to implementation. Staff clarified that this would be similar to an appeal of the Official Plan, which would be applied to the area with the exception of the Appellant property. If the Appellant were to refuse to have the appeal scoped to their property, the appeal would apply to the entire CPPS.

The Committee questioned if a CPPS could be applied to a specific area within the City, such as Markham Centre. Staff advised that it may not be appropriate to implement a CPPS to a process as advanced as Markham Centre Secondary Plan update initiative.

The Committee suggested that Staff continue to explore where CPPS’s were implemented and and ultimately not implemented, to further analyze the ways in which CPPS may be applied to the City of Markham. The Consultant advised that a key recommendation for the City should it implement a CPPS is to track performance metrics, as there is not significant data around the success or challenges with the use of a CPPS in other municipalities.

The Committee suggested that CPPS may work well in areas with fractured ownership as opposed to areas with a more limited number of landowners as it may be more straightforward to work with those landowners directly in those areas.

Staff stressed that increased effort would be necessary at the outset of establishing a CPPS, would lead to the potential benefits and streamlined processes outlined by the Consultant. Staff recommended that they continue to explore and analyze what would be entailed in establishing a CPPS and confirmed that they would report back to Committee.

• Moved by Deputy Mayor Michael Chan
  Seconded by Councillor Andrew Keyes
  1. That the report dated January 31, 2023 entitled "Streamlining Planning Approvals through a Community Planning Permit System” be received; and,
  2. That the report dated January 31, 2023 entitled "Streamlining Planning Approvals through a Community Planning Permit System” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Audit and Accountability Fund – Intake 3 Fund; and,
  3. That staff be directed to evaluate the findings of the study entitled “Final Report: Streamlining Planning Approvals Through a Community Planning Permit System” and report back to Development Services Committee with potential options for a Community Planning Permit System including a work program and required resources; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.4

APPROVAL OF THE CONTINUATION OF THE DESIGNATED HERITAGE PROPERTY GRANT PROGRAM, 2023-2025 (16.11)

R. Hutcheson, ext. 2080

There was no discussion on this item. 

• Moved by Councillor Karen Rea
  Seconded by Councillor Reid McAlpine
  1. That the January 31, 2023, report titled, “Approval of the Continuation of the Designated Heritage Property Grant Program, 2023-2025”, be received; and,
  2. That a by-law be adopted to implement the Designated Heritage Property Grant Program (2023-2025) generally in the form attached as Appendix “A” to this report; and,
  3. That the existing reserve fund titled, “Designated Heritage Property Grant Reserve Fund”, continue to be used as the funding source for the program; and,
  4. That the Designated Heritage Property Grant Program be allocated $30,000 per year in funding for a three year period (2023 to 2025) for a total of $90,000 from the following source:
     1. A transfer of $90,000 from the Heritage Loan Reserve Fund, which has a current balance of $134,375; and,
  5. That By-law 175-81, as amended, (A By-law to Establish a Heritage Fund) be amended as per Appendix “C” to this report; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.5

MAIN STREET UNIONVILLE REVITALIZATION – PROJECT UPDATE AND SCOPE ADJUSTMENT, WARD 3 (7.9, 10.0)

N. Azmy, ext. 2197 / A. Cachola, ext. 2711

There was no discussion on this item. 

• 1. That the report entitled “ Main Street Unionville Revitalization – Project Update and Scope Adjustment, Ward 3, be received; and,
  2. That Purchase Order PD-21263 issued to CIMA Canada be increased by $239,207.23 inclusive of HST, to cover the additional design work and communication efforts required for the project, and to be funded from Capital Account 22338 (Main Street Unionville Reconstruction); and,
  3. That the contingency Purchase Order PD-21264 issued to CIMA Canada be increased by $35,881.08 inclusive of HST, to cover any additional design work required for the project and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy, and to be funded from Capital Account 22338 (Main Street Unionville Reconstruction); and,
  4. That the Engineering Department Capital Administration Fee in the amount of $25,238.22 inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and,
  5. That the Engineering Capital Account # 083-5350-22338-005 (Main Street Unionville Reconstruction) be increased to include the scope adjustment, as identified in this report in the amount of $1,363,000 inclusive of HST, to be funded from the following reserves:
     1. Life Cycle Fund - $86,100; and,
     2. Development Charges Reserve (DC Reserve) / Community Benefits Charge (CBC) / Tax- $36,600; and,
     3. Waterworks Reserve (WW Reserve) - $161,500; and,
     4. Stormwater Reserve (SW Reserve) - $175,600; and,
     5. York Region - $833,500; and,
     6. Tax/Canada Community Building Fund (CCBF) - $28,700; and,
     7. Private Property - $41,000; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.

MOTIONS

There were no motions. 

11.

NOTICES OF MOTION

There were no notices of motion. 

12.

NEW/OTHER BUSINESS

Councillor Rea suggested that a Housing Committee be established as part of the City's efforts to address the affordability crisis. Councillor Rea suggested that the Committee be comprised of 2 or 3 Members of Council, Deputy Director of Planning & Urban Design, Darryl Lyons, as well as members from the Development Industry.

The Committee agreed to consider a Housing Committee as part of the overall committee review which is underway. 

• 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.

ADJOURNMENT

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Isa Lee

  That the Development Services Committee adjourn at 12:53PM.

  Carried