Electronic Development Services Committee Meeting Minutes

Meeting Number 3
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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
  • Trinela Cane, Commissioner, Corporate Services
  • Arvin Prasad, Commissioner, Development Services
  • Morgan Jones, Commissioner, Community Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Adam Grant, Fire Chief
  • Frank Clarizio, Director, Engineering
  • Biju Karumanchery, Director, Planning & Urban Design
  • Francesco Santaguida, Assistant City Solicitor
  • Regan Hutcheson, Manager, Heritage
  • Stephen Lue, Manager, Central District
  • Mark Visser, Senior Manager, Financial Strategy & Investments
  • Hristina Giantsopoulos, Election & Committee Coordinator
  • Laura Gold, Council/Committee Coordinator
  • Mary-Jane Courchesne
  • Emily Irvine, Special Project Coordinator
  • Evan Manning, Heritage Planner
  • Parvathi Nampoothiri, Senior Manager, Urban Design
  • Richard Fournier, Senior Manager, Parks & Open Space Development
  • Lawrence Yip, Senior Planner, Urban Design
  • Marty Chan, Senior Planner, Urban Design
  • Nhat-Anh Nguyen, Senior Manager, Development & Environmental
  • Hersh Tencer, Senior Manager, Real Property

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 convened at 9:03 AM with Regional Councillor Jim Jones in the Chair.

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 current treaty holders Mississaugas of the Credit peoples. We share the responsibility with the caretakers of this land to ensure the dish is never empty and to restore relationships that are based on peace, friendship, and trust. We are committed to reconciliation, partnership and enhanced understanding.

There are no disclosures of pecuniary interest.

  • Moved byMayor Frank Scarpitti
    Seconded byCouncillor Alan Ho
    1. That the minutes from the Development Services Committee meeting held on December 6, 2021, be confirmed.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Alan Ho
    1. That the minutes of the Special Development Services Committee meetings held on November 30, 2021, December 13, 2021, December 21, 2021, and January 18, 2022 be confirmed.
    Carried

The Development Services Committee recognizes the following members of staff:


Community Services Commission


Tao Su, Waterworks Operator II, 15 Years


Okendra Budhathoki, Systems Coordinator, 10 Years


Gregory Speed, Supervisor, Community Facility, 5 Years


Corporate Services Commission


Stafford Hughes, Technology Support Specialist II, 25 Years


Christine Aguila-Wong, Administrative Assistant, Clerks Department, 15 Years


Antonio Casale, Senior Construction Buyer, 15 Years


Marco Francisco, Business Licensing Coordinator, 10 Years


Rosemarie Patano, Senior Construction Buyer, 10 Years


Jason Vasilaki, Project Manager, 10 Years


Mary-Jane Courchesne, Notifications Officer, 5 Years


Development Services Commission


David Porretta, Manager, Traffic Engineering, 20 Years


Deborah John, Building Inspector II, 15 Years


Valentino Acocella, Engineering Technologist / Inspector, 10 Years


Nhat-Anh Nguyen, Senior Manager, Development & Environmental Engineering, 5 Years

There were deputations for the following item:

8.1       Parkland Acquisition Study Overview and Status Update (10.8)

Note: Please refer to item 8.1 for more information on the deputations.

There were no written submissions.

There were no petitions.

Arvin Prasad, Commissioner of Development Services, advised that this item is related to the Parkland Acquisition Study, which commenced in August 2021. The study will be used to create a new Parkland Dedication By-Law, as required by Bill 197.  The new by-law will be used as part of the development application process to determine parkland dedication requirements, including cash in lieu for parkland in Markham. The study being presented today, builds on past studies that were conducted, but were put on hold due to an Ontario Municipal Board hearing related to parkland dedication involving the City of Richmond Hill in 2013, and in due to the potential implications of Bill 108 on parkland dedication in 2018.

Parvathi Nampoothiri, Senior Manager, Urban Design, advised that Hemson Consulting was retained as the lead consultant to undertake the Parkland Acquisition Study, which builds upon the past work that was conducted. Ms. Nampoothiri provided a brief overview to the timelines and next steps. Ms. Nampoothiri thanked staff for their participation and input into the study, and introduced the consultant.


Adam Mattinson, Consultant, Hemson Consulting, provided a presentation entitled “Parkland Acquisition Study Overview and Status Update”.

The following deputations were made on the Parkland Acquisition Study Overview and Status Update:

Barry Nelson advised that the presentation effectively addressed the City’s technical needs pertaining to park acquisition and cash and lieu, but it does not address residents’ needs regarding the use of our natural and built park settings. Mr. Nelson questioned the social impact of building communities without parks nearby, especially if the City is promoting walkable communities where resident can work close to where they live. Mr. Nelson thanked the Chair for allowing him to speak after the staff presentation.

Evelin Ellison suggested that the City should compare Markham’s parkland with other municipalities’ parkland. Ms. Ellison spoke to the importance of building communities that include affordable housing and parkland close to where residents live, suggesting that children that grow-up in communities with access to parks are less likely to commit crimes.  Ms. Ellison noted that stormwater management ponds play an important role in preventing flooding.

The Committee discussed the following relative to the presentation “Parkland Acquisition Study Overview and Status Update”:

  • The timelines for approving the new Parkland Dedication By-Law;
  • The date the new Parkland Dedication By-Law will become effective;
  • Potential credits for parks located on top of stormwater management tanks;
  • The anticipated impact the new Parkland Dedication By-Law may have on developers.

Staff clarified that the target is to have the new Parkland Dedication By-Law approved by Council in June 2022. The date the by-law is made effective is at staff and Council’s discretion. It is recommended that the by-law be approved prior to the Province’s September deadline. A rush of applications was not anticipated as a result of the new by-law, as developers do not pay for cash in lieu for parkland until the day before building permit  is issued.

Mr. Mattinson explained the type of parkland credit developers may receive, and that the impact the by-law may have on developers will be addressed as part of Phase 2 of the study.

  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Andrew Keyes
    1. That the Presentation dated February 2, 2022, entitled “Parkland Acquisition Study Overview and Status Update”, by Hemson Consulting, be received.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byRegional Councillor Jack Heath
    1. That the minutes of the Development Services Public meeting held on November 30, 2021, be confirmed.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byRegional Councillor Jack Heath
    1. That the minutes of the March 22, 2021, May 17, 2021, October 18, 2021, and November 29, 2021 Flato Markham Advisory Board meetings be received for information purposes.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byRegional Councillor Jack Heath
    1. That the minutes of the September 8, 2021, October 13, 2021, November 10, 2021, and December 8, 2021 Friends of the Markham Museum meetings be received for information purposes.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byRegional Councillor Jack Heath
    1. That the minutes of the October 13, 2021 and November 10, 2021 Heritage Markham Committee meetings be received for information purposes.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byRegional Councillor Jack Heath
    1. That the minutes of the October 18, 2021 Varley-McKay Art Foundation of Markham meeting be received for information purposes.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byRegional Councillor Jack Heath
    1. That the minutes of October 21, 2021 and November 18, 2021 Cycling and Pedestrian Advisory Committee meetings be received for information purposes.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byRegional Councillor Jack Heath
    1. That the report dated February 2, 2022 titled “Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act, McCauley-Cooperthwaite House, 5560 14th Avenue, Ward 7”, be received; and,
    2. That as recommended by the Heritage Markham Committee, and required as a condition of development approval, the McCauley- Cooperthwaite House be approved for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest; and,
    3. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to ate as per the requirements of the Ontario Heritage Act; and,
    4. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and,
    5. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the matter return to Council for further consideration; and,
    6. That if the intention to designate proceeds and there are any appeals of the designation by-law, the Clerk be directed to refer the proposed designation to the Ontario Land Tribunal (OLT); and,
    7. That if the designation is referred to the OLT, Council authorize the City Solicitor and appropriate staff to attend any hearing held by the OLT in support of Council’s decision to designate the property; and further,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

10.

There were no motions.

The Chair advised that the following motion moved by Councillor Karen Rea and seconded by Councillor Keith Irish will be discussed at the February 7, 2022, Development Services Committee Meeting:

Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and 

Whereas an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of our community”; and

Whereas our Official Plan includes zoning provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and

Whereas our Official Plan is ultimately approved by the province; and 

Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the City of Markham Official Plan; and 

Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the City of Markham Official Plan; and 

Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of the City of Markham; and 

Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans and Provincial Planning Policy; and

Whereas Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; and

Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile OLT hearings; and

Whereas lengthy, costly OLT hearings act as a barrier to the development of all housing and commercial properties.

  1. Now Therefore Be It Resolved That the City of Markham requests the Government of Ontario to instruct the OLT to immediately cease accepting new cases and then dissolve the OLT once its current caseload has been addressed, thereby eliminating one of the most significant sources of red tape delaying the development of housing in Ontario; and
  2. Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and
  3. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

Councillor Rea advised that the motion is similar to the motion being brought forward to Aurora Council on calling the Province of Ontario to dissolve the Land Tribunal, with slight amendments. Councillor Rea read the motion.

 

There was no other or new business.

There were no announcements.

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Amanda Collucci

    That the Development Services Committee adjourned at 11:04 AM.

    Carried