Development Services Committee Meeting Minutes

Meeting Number: 17

Monday, June 26, 2023 at 9:30 A.m. - 3:00 P.m.

Live streamed

Roll Call

• Mayor Frank Scarpitti
• Deputy Mayor Michael Chan
• Regional Councillor Jim Jones
• Regional Councillor Joe Li
• Regional Councillor Alan Ho
• Councillor Keith Irish
• Councillor Ritch Lau
• Councillor Reid McAlpine
• Councillor Karen Rea
• Councillor Amanda Collucci
• Councillor Juanita Nathan
• Councillor Isa Lee

Regrets

• Councillor Andrew Keyes

Staff

• Andy Taylor, Chief Administrative Officer
• Arvin Prasad, Commissioner, Development Services
• Morgan Jones, Commissioner, Community Services
• Joseph Silva, Treasurer
• Stephanie DiPerna, Director, Building Standards
• Giulio Cescato, Director of Panning & Urban Design
• Frank Clarizio, Director, Engineering
• Michael Toshakovski, Deputy City Solicitor
• Geoff Day, Senior Planner, Zoning & Special Projects
• Loy Cheah, Senior Manager, Transportation
• Darryl Lyons, Deputy Director, Planning & Urban Design
• Alida Tari, Manager, Access & Privacy
• Erica Alligood, Election & Committee Coordinator
• Lily-Ann D’Souza, Senior Planner, Policy
• Chris Rickett, Director, Economic Development, Culture and Entrepreneurship
• Rajeeth Arulanantham, Assistant to Council / Committee
• Maggie Cheung-Madar, Assistant City Solicitor
• Clement Messere, Senior Planner
• Duran Wedderburn, Manager, Policy

​Alternate formats for this document are available upon request

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1.

CALL TO ORDER

The Development Services Committee convened at 9:37 AM with Regional Councillor Jim Jones in the Chair.

Councillor Amanda Collucci arrived to the meeting at 9:49 AM.

The Committee recessed from 12:34 PM to 1:35 PM.

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

SPECIAL DEVELOPMENT SERVICES COMMITTEE MINUTES - JUNE 6, 2023 AND JUNE 12, 2023 (10.0)

• Moved by Deputy Mayor Michael Chan
  Seconded by Councillor Isa Lee
  1. That the minutes of the Special Development Services Committee meetings held on June 6, 2023 and June 12, 2023 be confirmed.
  Carried

4.

DEPUTATIONS

4.1

DEPUTATIONS - MARKHAM ROAD – MOUNT JOY SECONDARY PLAN: FINAL STUDY AND DRAFT POLICY FRAMEWORK (10.4)

Gabriel DiMartino, Kristie Stitt, Matthew Cory, and Ron Thacker made deputations as detailed with Item #9.1.

4.2

DEPUTATION - COMPREHENSIVE ZONING BY-LAW PROJECT UPDATE: MATTERS RAISED AT JUNE 12, 2023 DEVELOPMENT SERVICES COMMITTEE MEETING - FILE PR 13 128340 (10.5)

Matthew Cory made a deputation as detailed with Item #9.2.

5.

COMMUNICATIONS

5.1

COMMUNICATIONS - COMPREHENSIVE ZONING BY-LAW PROJECT UPDATE: MATTERS RAISED AT JUNE 12, 2023 DEVELOPMENT SERVICES COMMITTEE MEETING - FILE PR 13 128340 (10.5)

Note: Please refer to item 9.2 for staff report.

• Moved by Councillor Juanita Nathan
  Seconded by Councillor Isa Lee
  1. That the communications providing comments from Malone Given Parsons, Evans Planning, and Davies Howe LLP, Adrienne Cheng, Al Dharsee, Ashkan Ashraf Tabib, Barina Guo, David Chuang, Edith Kangas, Eugen Postea, Fereshteh Gilani, Gail Lavery, Harry Singh, Jeffrey and Tania Minuk, Kimberley Seymour, Mark Newton, Michael Brodey, P. Cheng, Reza Tabib, Valerie Burke, Wendy Sun, and Yihan Zhang regarding the above subject matter be received.
  Carried

5.2

COMMUNICATIONS - MARKHAM ROAD – MOUNT JOY SECONDARY PLAN: FINAL STUDY AND DRAFT POLICY FRAMEWORK (10.4)

Note: Please refer to item 9.1 for staff report.

• Moved by Councillor Juanita Nathan
  Seconded by Councillor Isa Lee
  1. That the written communications from Humphries Planning Group Inc. and WND Associates be received. 
  Carried

6.

PETITIONS

There were no petitions. 

7.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

7.1

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES – JUNE 6, 2023 (10.0)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Karen Rea
  1. That the minutes of the Development Services Public Meeting held June 6, 2023, be confirmed.
  Carried

7.2

VARLEY-MCKAY ART FOUNDATION OF MARKHAM MINUTES – MAY 8, 2023 (16.0)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Karen Rea
  1. That the minutes of the Varley-McKay Art Foundation of Markham meeting held May 8, 2023, be received for information purposes.
  Carried

7.3

2023 ECONOMIC DEVELOPERS ASSOCIATION OF CANADA CONFERENCE (10.16)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Karen Rea
  1. That the report entitled “2023 Economic Developers Association of Canada Conference” be received; and,
  2. That the City be represented by the Chair and Vice-Chair of the Economic Development Committee; and,
  3. That the total cost of the “2023 Economic Developers Association of Canada Conference” not exceed $5,000 and be funded from within the Business Development Operating Budget; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

7.4

AUTHORITY TO PROVIDE DEVELOPMENT CHARGE CREDITS AND/OR REIMBURSEMENTS TO THE REMINGTON GROUP INC. FOR THE PROPERTY COSTS AND CONSTRUCTION OF INFRASTRUCTURE (VERDALE CROSSING EXTENSION) ON THE CITY’S BEHALF (WARD 3) FILE NO.:  TECH 17 113103 (5.5, 7.11)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Karen Rea
  1. That the report entitled “Authority to Provide Development Charge Credits and/or Reimbursements to the Remington Group Inc. for the Property and Construction Cost of Infrastructure on the City’s Behalf (Ward 3)” be received; and,
  2. That Council authorize a City Wide Hard Development Charge credit and/or reimbursement in the amount of $2,767,576, to the Remington Group Inc. relating to the property costs for the Verdale Crossing extension between Birchmount Road and Andre De Grasse Street; and,
  3. That Council authorize a City Wide Hard Development Charge credit and/or reimbursement not exceeding $210,217, to the Remington Group Inc. relating to the construction costs for the 4th lane of the Verdale Crossing extension between Birchmount Road and Andre De Grasse Street; and,
  4. That Council authorize a City Wide Hard Development Charge credit and/or reimbursement not exceeding $807,998, the Remington Group Inc. relating to the construction costs for the intersection of the Verdale Crossing extension and Birchmount Road; and,
  5. That, notwithstanding the above recommendations, the amount available for credits and/or reimbursements be based on the lesser of the actual cost to construct or the capital cost included in the most current Development Charges Background Study, as indexed from time to time, at the time works are complete and the credits and/or reimbursements are being provided; and,
  6. 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,
  7. That the Mayor and Clerk be authorized to execute a Development Charge Credit and/or Reimbursement Agreement(s), if required, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with the Remington Group Inc., or its successors in title to the satisfaction of the Treasurer and the City Solicitor, or their respective delegates; and further,
  8. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

7.5

AUTHORITY TO PROVIDE DEVELOPMENT CHARGE (DC) CREDITS AND/OR REIMBURSEMENTS FOR THE CONSTRUCTION OF TRUNK SANITARY SEWER AND BRUCE CREEK CROSSING IN YORK DOWNS SUBDIVISIONS, TO KM (AG SOUTH VILLAGE) LTD. AND METROPIA MINTO (SIXTEENTH) HOLDINGS INC. 

(WARD 6) (5.5, 7.11)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Karen Rea
  1. That the report entitled “Authority to Provide Development Charge Credits and/or Reimbursements for the Construction of Trunk Sanitary Sewer and Bruce Creek Crossing in York Downs Subdivisions, to KM (AG SOUTH VILLAGE) LTD. and Metropia Minto (Sixteenth) Holdings Inc. (Ward 6)” be received; and,
  2. That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $444,999 to KM (AG SOUTH VILLAGE) LTD. for the design, contract administration, and construction costs of a trunk sanitary sewer from Angus Glen Boulevard to the South Village Subdivision (York Downs – West Plan) within an easement (the “Sewer within the Easement”) that will service the York Downs lands and lands external from the Future Urban Area (the “FUA”); and,
  3. That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $1,952,274 to KM (AG SOUTH VILLAGE) LTD. for the design, contract administration, and construction costs of a trunk sanitary sewer from the South Village Subdivision (north end) to the connection to Street ‘C’ (upstream limit of the YDSS Connection) ( the “Trunk Sanitary Sewer”) that will service the York Downs lands and lands external from the FUA; and,
  4. That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $5,850,273 to KM (AG SOUTH VILLAGE) LTD. and Metropia Minto (Sixteenth) Holdings Inc. for the construction of the connection of the Trunk Sanitary Sewer to the YDSS (the “Connection to YDSS”) that will service the York Downs and the FUA; and,
  5. That Council authorize City Wide Hard Development Charge Credits and/or Reimbursements not exceeding $852,726 to KM (AG SOUTH VILLAGE) LTD. for the oversizing cost associated with a trunk sanitary sewer within the South Village Subdivision (north end to Street ‘C’ (upstream limit of the YDSS connection)) (the “Trunk Sanitary Sewer”) that will service the lands external from the FUA; and,
  6. That Council authorize City Wide Hard Development Charge Credits and/or Reimbursements not exceeding $11,710,430 to KM (AG SOUTH VILLAGE) LTD. and Metropia Minto (Sixteenth) Holdings Inc. for the design, contract administration, construction, and maintenance until assumption costs associated with the construction of a bridge crossing the Bruce Creek (the “Bruce Creek Crossing”) for the east-west collector (Street A) in the York Downs Subdivision; and,
  7. That notwithstanding the above recommendations, that the amount available for credits and/or reimbursements be based on the lesser of the actual cost to construct and the capital cost included in the most current Development Charges Background Study, as indexed from time to time, at the time works are complete and the credits and/or reimbursements are being provided; and,
  8. That the letter of credit(s) to secure the trunk sanitary sewer and bridge are to be to the satisfaction of the Director of Engineering and Treasurer; and,
  9. That the Mayor and Clerk be authorized to execute a Development Charge Credit and/or Reimbursement Agreements, if required, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with the KM (AG SOUTH VILLAGE) LTD. and Metropia Minto (Sixteenth) Holdings Inc., or their successors in title to the satisfaction of the Treasurer and the City Solicitor, or their respective delegates; and,
  10. That Council authorize the Mayor and Clerk to execute a Construction Agreement with the Owner/Trustee as necessary, to allow for the construction of the subject Trunk Sanitary Sewer and the subject Bruce Creek Crossing; and,
  11. 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,
  12. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

7.6

HERITAGE MARKHAM COMMITTEE MINUTES – JUNE 14, 2023 (16.11)

• Moved by Regional Councillor Joe Li
  Seconded by Councillor Karen Rea
  1. That the minutes of the Heritage Markham Committee meeting held June 14, 2023, be received for information purposes.
  Carried

8.

PRESENTATIONS - CULTURE AND ECONOMIC DEVELOPMENT MATTERS

8.1

DESTINATION MARKHAM TOURISM STRATEGIC MASTER PLAN 2024-26 (10.16)

Arvin Prasad, Commissioner, Development Services, provided opening remarks related to this item advising that the Destination Markham Corporation is governed by a Board of Directors and Executive Committee, led by Chair Susan Mandryk.  

Susan Mandryk, Chair, Destination Markham Corporation, introduced Rebecca Godfrey to deliver a presentation. 

Rebecca Godfrey, Senior Vice President, CBRE Tourism Consulting delivered a presentation providing an overview on the Destination Markham Tourism Master Plan (2024-2026).

The Committee provided the following feedback:

• Noted that a themed food street could encourage further tourism, possibly along Old Kennedy Road.
• Encouraged further emphasis be placed on the potential of increasing tourism of Rouge National Park and Rouge Valley Trail, noting that they are important assets. 
• Emphasized the importance of extending the wayfinding tools being installed along the Rouge Valley Trail this summer, throughout the City to assist drivers and pedestrians.
• Expressed concerns with the lack of references to winter or outdoor tourism which is typically a slow time for tourism. 
• Expressed the desire for further metrics and KPIs to understand the outcomes of investment into tourism. 
• Noted that short-term accommodation could be revisited in future. 
• Inquired about the status of the proposed music venue at the Markham Fairgrounds. Eric Lariviere, Executive Director, Destination Markham Corporation, advised that this project is not currently active and noted that it is in the Applicant's hands to determine if or how the project will move forward. 
• Recommended that a mobile application be developed to ensure all residents and tourists are aware of events and initiatives throughout the City.
• Inquired about opportunities to collaborate with other municipalities on events to attract tourism. Mr. Lariviere confirmed that this is being actively looked into and noted that it would be a great way to highlight City assets through partnerships. 
• Questioned the feasibility of the implementation plan. Ms. Godfrey confirmed that the implementation plan could be easily adapted noting that a number of the activities are already happening with the plan recommending enhancements.
• Encouraged further marketing of sporting events being held in the City which would attract tourists and athletes. Mr. Lariviere noted that the upcoming bid for the Little Native Hockey League could be an opportunity to promote a sporting event while collaborating with surrounding municipalities. 

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Amanda Collucci
  1. That the report and presentation titled Destination Markham Tourism Strategic Master Plan 2024 to 2026 be received; and,
  2. That the Destination Markham Tourism Strategic Master Plan 2024 to 2026 be approved; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.
  Carried

9.

REGULAR REPORTS - DEVELOPMENT AND POLICY MATTERS

9.1

MARKHAM ROAD – MOUNT JOY SECONDARY PLAN: FINAL STUDY AND DRAFT POLICY FRAMEWORK (10.4)

Arvin Prasad, Commissioner, Development Services, introduced this item advising that it presents the findings of the Secondary Plan Study, and draft policy framework for the Markham Road - Mount Joy Secondary Plan Area.

Shonda Wang, Principal, SvN + Architects and Planners Inc., Jonathan Chai, Transportation Planning Lead, HDR Inc., and Patrick Turner, Partner, Counterpoint Engineering, provided an overview of the results from the Secondary Plan Study.

Gabriel DiMartino, Deputant, on the consultation process with Staff through the community engagement opportunities.

Kristie Stitt, Deputant and lawyer with Kagan Shastri LLP representing Fouro Towers, requested that the in the draft policy framework related to her client's lands be revised to reflect and permit the proposed development within their application filed in March 2022. Ms. Stitt requested that the Mount Joy GO Station Mixed Use Node boundary also be expanded to include her client's lands, noting that her client does not wish to delay the approval of the secondary plan.

Matthew Cory, Deputant, on behalf of the Applicant at 9900 Markham Road, requested that the draft policy framework on this site reflect 21-storeys and a maximum of 7.0 FSI.

Ron Thacker, Deputant, inquried about the cycling infrastructure proposed in the draft Secondary Plan, noting that one option is a separation of live traffic and the bicycle lane on the shoulder and the other option being a dedicated bike and pedestrian path. Mr. Thacker noted that cycling on a shared roadway can be very dangerous. Mr. Chai advised that the recommendation includes enhanced protection for cyclists and providing more separation between the cyclists and vehicles, where possible.

Lily-Ann D'Souza, Senior Planner, Policy presented the draft Markham Road - Mount Joy Secondary Plan Policy Framework.

The Committee provided the following feedback:

• Inquired as to the level of GO Train service being assumed within the Secondary Plan Study. Mr. Chai advised that service is assumed to be 15-minute service in both directions.
• Noted that the GO Train service and York Region Transit bus service would both need to be improved to ensure developments do not continue to move forward before transportation services and infrastructure are enhanced. Duran Wedderburn, Manager, Policy, identified the need to phase growth in the Secondary Plan Area, which he noted could be done through provisions in the implementing Zoning By-law.
• Inquired as to the construction of purpose-built rental. Giulio Cescato, Director, Planning & Urban Design, advised that decisions on inclusionary zoning within major transit station areas (MTSAs) may spur developers to explore purpose-built rental, and noted that municipalities do not currently have the power to zone areas as rental.
• Suggested that the Markham Museum be moved to Markham Centre to allow the development of affordable housing on museum lands.
• Inquired as to the consideration for multi-level schools which incorporate separate and public schools in the same building, with other uses on the sites. Ms. D'Souza advised that there is a policy within the draft policy framework that encourages multi-storey schools and advised that two possible sites have been identified, both as public schools.
• Inquired about 6-storey condominiums in MTSAs as an option rather than town homes as town homes are often not affordable. Darryl Lyons, Deputy Director, Planning & Urban Design noted that in areas designated for mid rise development, 6 to 8-storeys would be permitted and the built-form could be contemplated to be condominiums. Mr. Lyons commented that condominiums can also be expensive to build.
• Asked how many jobs would be created considering the policy framework. Ms. D'Souza advised that 6000 jobs could be created based onthe analysis completed through the Seconday Plan Study. Mr. Lyons expanded on this, advising that within the Yonge Corridor for comparison, the ratio would be one job per four residents, and noted that staff is looking to increase this by encouraging new developments to include office, retail, and other employment uses.
• Inquired about the possible GO Station at Major Mackenzie Drive East and how the draft Secondary Plan policy framework would be impacted if the GO Station does not occur. Mr. Lyons advised that Metrolinx has not recommended advancing plans for a station at Major Mackenzie at this time.
• Asked for clarification about policies relating to setting maximum heights in MTSAs. Commissioner Prasad advised that the Minister modified policies within the 2022 York Region Official Plan to remove requirements for local municipalities to establish maximum heights in MTSAs.
• Asked if the MTSA boundary can be modified. Commissioner Prasad advised that it can be modified through a lengthy process that would be approved through the Minister.
• Inquired if the 10 hectares of parkland identified in the Secondary Plan Area can be secured with the changes introduced through Bill 23. Ms. D'Souza advised that based on analysis by Parks Staff the amount anticipated to be secured is between 8.0 and 9.0 hectares, resulting in a shortfall of less than one hectare.

• Moved by Councillor Karen Rea
  Seconded by Councillor Amanda Collucci
  1. That the staff report and presentation dated June 26, 2023 entitled “Markham Road – Mount Joy Secondary Plan: Final Study and Draft Policy Framework” be received; and,
  2. That the deputations from Gabriel DiMartino, Kristie Stitt, Matthew Cory, and Ron Thacker be received; and,
  3. That staff be authorized to schedule a statutory public meeting on the draft Markham Road – Mount Joy Secondary Plan policies, attached as Appendix ‘B’ to this staff report; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.2

COMPREHENSIVE ZONING BY-LAW PROJECT UPDATE: MATTERS RAISED AT JUNE 12, 2023 DEVELOPMENT SERVICES COMMITTEE MEETING - FILE PR 13 128340 (10.5)

Arvin Prasad, Commissioner, Development Services, advised that this is an update memorandum related to the Comprehensive Zoning By-law with the purpose of walking through matters discussed at the June 12, 2023 meeting which require further review. Commissioner Prasad advised that Staff have met with deputants who attended the meeting to further understand issues with the CZBL. Commissioner Prasad noted that due to issues identified with the notice of the statutory public meeting, an additional public meeting will be held in September 2023 to allow for a fulsome engagement process. 

Geoff Day, Senior Planner II, delivered a presentation and provided an overview of Staff comments on issues identified by deputants at the June 12th meeting.

Matthew Cory, Malone Given Parsons, on behalf of Memory & Company, requested that the respite stay establishment definition be included in the by-law to permit their current use and have it permitted through the entire business park zone. Mr. Cory advised that in the past his client has gone to the Committee of Adjustment to permit the use through a variance but that they wish for it to be permitted as-of-right. 

The Committee provided the following feedback:

• Inquired as to the application for the Ba'hai National Centre. Mr. Day advised that there was a meeting with the agents associated with the application with the option to maintain the status quo or expand the area of their Official Plan Amendment and Zoning By-law Amendment applications. 
• Inquired as to the use of Memory & Company, inquiring if they would be required to go to Committee of Adjustment if they wished to expand the current location. Giulio Cescato, Director, Planning & Urban Design, advised that the rules surrounding legal non-conforming uses have generally been in favour of Applicants seeking to expand their use, but that they would likely require some relief from the current zoning by-law through Committee of Adjustment.

• Moved by Deputy Mayor Michael Chan
  Seconded by Councillor Reid McAlpine
  1. That the memorandum titled “Comprehensive Zoning By-law Project Update: Matters Raised at June 12, 2023 Development Services Committee Meeting - File PR 13 128340”, be received; and,
  2. That the deputation from Matthew Cory be received; and,
  3. That a further Statutory Public Meeting be held in September 2023 to receive public input; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

10.

MOTIONS

There were no motions. 

11.

NOTICES OF MOTION

There no notices of motion. 

12.

NEW/OTHER BUSINESS

There was no new business. 

13.

ANNOUNCEMENTS

There were no announcements. 

14.

ADJOURNMENT

• Moved by Councillor Juanita Nathan
  Seconded by Councillor Isa Lee

  That the Development Services Committee adjourn at 3:38 PM.

  Carried