Development Services Committee Meeting
Revised Agenda
Revised items are identified by an asterisk (*)

Meeting Number: 10

Tuesday, April 23, 2024 at 9:00 A.m. - 3:00 P.m.

Live streamed

Please bring this Development Services Committee Agenda to the Council meeting on May 1, 2024.

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1.

CALL TO ORDER

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

3.

APPROVAL OF PREVIOUS MINUTES

3.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - APRIL 2, 2024 (10.0)

• 1. That the minutes of the Development Services Committee meeting held on April 2, 2024, be confirmed.

4.

PRESENTATIONS

4.1

PRESENTATION OF SERVICE AWARDS (12.2.6)

The Development Services Committee recognizes the following members of staff:

Chief Administrative Office - People Services
Joie Kwan, Compensation & Benefits Administrator, People Services, 5 years

Chief Administrative Office - Fire & Emergency Services
Tyler Duffin, Firefighter, Fire and Emergency Services, 5 years
Anderson Leung, Firefighter, Fire and Emergency Services, 5 years
Rachel Malfara, Firefighter, Fire and Emergency Services, 5 years
Jeremy Peters, Firefighter, Fire and Emergency Services, 5 years
Connor Simonds, Firefighter, Fire and Emergency Services, 5 years
Edmond Tang, Firefighter, Fire and Emergency Services, 5 years
Filip Wandas, Firefighter, Fire and Emergency Services, 5 years
Bowman Webster, Firefighter, Fire and Emergency Services, 5 years
Victoria Wells, Firefighter, Fire and Emergency Services, 5 years

Community Services Commission
James Bingham, Supervisor, Parks Operations, Operations, 25 years
Sheila Fockler, Group Leader, Operations, 25 years
Tim Ballagh, Supervisor, Waterworks, Environmental Services, 20 years
Damian Barron, Operations Labourer/Driver, Operations, 5 years

Corporate Services Commission
Lyrae Ignacio, Client Advisor ITS, Information Technology Services, 15 years

Development Services Commission
Rafael Saa, Building Inspector II, Building Standards, 20 years
Alberto Lim, Engineer, Capital Works, Engineering, 15 years
Daniel Brutto, Senior Planner, Development, Planning and Urban Design, 10 years

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

COMMUNICATION - RECOMMENDATION REPORT, OBJECTION TO NOTICE OF INTENTION TO DESIGNATE – PHASE VI PROPERTIES (16.11.3)

Note: Please refer to item 8.6 for staff report.

• 1. That the communication submitted by Rose Bortolussi providing comments regarding the above subject matter be received.

6.2

COMMUNICATION - RECOMMENDATION REPORT - NOTICE OF OBJECTION TO THE INCLUSION OF A PROPERTY ON THE MARKHAM REGISTER OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST, 7696 NINTH LINE, WARD 7 (16.11.3)

Note: Please refer to item 8.7 for staff report.

• 1. That the communications submitted by Joe Grant, LLF Lawyers LLP (representing the owner of 7696 9th Line), providing comments regarding the above subject matter be received.

6.3

COMMUNICATION - RECOMMENDATION REPORT CITY INITIATED OFFICIAL PLAN AMENDMENT FOR THE MARKHAM ROAD – MOUNT JOY SECONDARY PLAN, FILE NO. PR 20 142832 (WARDS 4, 5 AND 6) (10.3)

Note: Please refer to item 10.1 for staff report.

• 1. That the communications submitted by the following providing comments regarding the above subject matter be received:
     • Don Payne
     • John Clark
     • Tenny Silva
     • Rob Lavecchia, KLM Planning Partners Inc., representing the owner of the lands located at 9408 - 9426 Markham Road
     • Nancy E. Walton
     • Dave Clapperton
     • Adam Layton, Evans Planning, representing the owner of the property at 9999 Markham Road
     • Marvin Tang

6.4

COMMUNICATION - RECOMMENDATION REPORT, DESIGNATION OF PRIORITY PROPERTIES – PHASE IX (16.11.3)

Note: Please refer to item 8.5 for staff report.

• 1. That the communications submitted by Joseph Virgilio and Francis Lapointe, representing the owner of the property at 7507 Kennedy Road, providing comments regarding the above subject matter be received.

7.

PETITIONS

8.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

8.1

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES – MARCH 19 AND APRIL 2, 2024 (10.0)

• 1. That the minutes of the Development Services Public Meetings held March 19 and April 2, 2024, be confirmed.

8.2

CYCLING AND PEDESTRIAN ADVISORY COMMITTEE (CPAC) MINUTES – NOVEMBER 11, 2023 (16.34)

• 1. That the minutes of the Cycling and Pedestrian Advisory Committee (CPAC) meeting held November 11, 2023, be received for information purposes.

8.3

VARLEY-MCKAY ART FOUNDATION OF MARKHAM MINUTES – JANUARY 15, FEBRUARY 11, AND MARCH 18, 2024 (16.0)

• 1. That the minutes of the Varley-McKay Art Foundation of Markham meetings held January 15, February 11, and March 18, 2024, be received for information purposes.

8.4

DOORS OPEN ORGANIZING COMMITTEE MINUTES - JANUARY 11, FEBRUARY 7, AND MARCH 6, 2024 (16.11)

• 1. ​That the minutes of the Doors Open Organizing Committee meetings held January 11, February 7, and March 6, 2024, be received for information purposes.

8.5

RECOMMENDATION REPORT, DESIGNATION OF PRIORITY PROPERTIES – PHASE IX (16.11.3)

E. Manning, ext. 2296

• 1. That the Staff report, dated April 23, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase IX”, be received; and,
  2. That the June 14, 2023, recommendation from the Heritage Markham Committee, in support of the designation of the following properties under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information:
     • 5011 Highway 7 East (Ward 3): “Eckardt-Sabiston House”; and,
     • 7792 Highway 7 East (Ward 5): “Armstrong-Coumans House”; and,
     • 7804 Highway 7 East (Ward 5): “Frank and Mary Jarvis House”; and,
     • 7842 Highway 7 East (Ward 5): “Russell and Alma Forster House”; and,
     • 7507 Kennedy Road (Ward 8): “John and Elizabeth Smith House”; and,
     • 10754 Victoria Square Blvd (Ward 2): “William and Hannah Hatton House”; and,
  3. That Council state its intention to designate 5011 Highway 7 East (Ward 3) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  4. That Council state its intention to designate 7792 Highway 7 East (Ward 5) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  5. That Council state its intention to designate 7804 Highway 7 East (Ward 5) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  6. That Council state its intention to designate 7842 Highway 7 East (Ward 5) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  7. That Council state its intention to designate 7507 Kennedy Road (Ward 8) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  8. That Council state its intention to designate 10754 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  9. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
  10. 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 further,
  11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.6

RECOMMENDATION REPORT, OBJECTION TO NOTICE OF INTENTION TO DESIGNATE – PHASE VI PROPERTIES (16.11.3)

E. Manning, ext. 2296

• 1. That the Staff report, dated April 23, 2024, titled "RECOMMENDATION REPORT, Objection to Notice of Intention to Designate – Phase VI Properties”, be received; and,
  2. That the written objection to designation under the Ontario Heritage Act as submitted by the property owner of 7560 Ninth Line (Ward 7), be received as information; and,
  3. That Council affirm its intention to designate 7560 Ninth Line (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  4. That the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
  5. That the Clerk’s Department be authorized to publish and serve notice of Council’s adoption of the designation by-law as per the requirements of the Ontario Heritage Act; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.7

RECOMMENDATION REPORT - NOTICE OF OBJECTION TO THE INCLUSION OF A PROPERTY ON THE MARKHAM REGISTER OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST, 7696 NINTH LINE, WARD 7 (16.11.3)

E. Manning, ext. 2296

• 1. That the April 23, 2024, report titled, “RECOMMENDATION REPORT - Notice of Objection to the Inclusion of a Property on the Markham Register of Property of Cultural Heritage Value or Interest, 7696 Ninth Line, Ward 7”, be received; and,
  2. That the recommendation from the Heritage Markham Committee on February 20, 2024, that 7696 Ninth Line is not a significant cultural heritage resource and has no objection to removal of the property from the Markham Register of Property of Cultural Heritage Value or Interest (in accordance with Appendix ‘E’ of this report), be received as information; and,
  3. That Council supports removal of 7696 Ninth Line from the Markham Register of Property of Cultural Heritage Value or Interest; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

PRESENTATIONS - DEVELOPMENT AND POLICY MATTERS

9.1

KEY SECONDARY PLANS DEVELOPMENT ACTIVITY AND FORECASTED UNIT GROWTH (10.0)

J. Yeh, ext. 7922

• 1. That the Presentation titled “Key Secondary Plans Development Activity and Forecasted Unit Growth” dated April 23, 2024 be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.

REGULAR REPORTS - DEVELOPMENT AND POLICY MATTERS

10.1

RECOMMENDATION REPORT, CITY INITIATED OFFICIAL PLAN AMENDMENT FOR THE MARKHAM ROAD – MOUNT JOY SECONDARY PLAN, FILE NO. PR 20 142832 (WARDS 4, 5 AND 6) (10.3)

L. D'Souza, ext. 2180

• 1. That the Staff report dated April 23, 2024 entitled “RECOMMENDATION REPORT, City Initiated Official Plan Amendment for the Markham Road – Mount Joy Secondary Plan” be received; and,
  2. That the Official Plan Amendment for the Markham Road – Mount Joy Secondary Plan, attached as Appendix “2”, be finalized and forwarded to Council for adoption, and subsequently forwarded to York Region for approval; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.2

RECOMMENDATION REPORT, 1377402 ONTARIO INC. AT 162 MAIN STREET NORTH, APPLICATIONS FOR ZONING BY-LAW AMENDMENT AND SITE PLAN TO PERMIT THE DEVELOPMENT OF THE LANDS

MUNICIPALLY KNOWN AS 162 MAIN STREET NORTH (MARKHAM VILLAGE) FOR A BUSINESS OFFICE WITH RESIDENTIAL AS AN ADDITIONAL USE (WARD 4) FILES ZA 15 147635 AND SC 15 147635 (10.5)

P. Wokral, ext. 7955

• 1. That the report dated April 23, 2024 titled “RECOMMENDATION REPORT, 1377402 Ontario Inc., Applications for Zoning By-law Amendment and Site Plan to permit the development of the lands municipally known as 162 Main Street North (Markham Village) for a Business Office with Residential as an additional use (Ward 4), Files ZA 15 147635 and SC 15 147635”, be received; and,
  2. That the Zoning By-law Amendment application (File ZA 15 147635) submitted by 1377402 Ontario Inc. to amend Zoning By-law 1229, as amended, to permit Business Office and Residential as additional uses at 162 Main Street North, and to amend the development standards to permit the existing parking lot, be approved, and the draft By-law, attached as Appendix ‘C’, be finalized and enacted without further notice; and,
  3. That the Site Plan application (File SC 15 147635) submitted by 1377402 Ontario Inc. to permit the existing parking lot at 162 Main Street North, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,
  4. That the Site Plan application (File SC 15 147635) be delegated to the Director of Planning and Urban Design, or designate, with the issuance of Site Plan Approval following the execution of a Site Plan Agreement; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.3

RECOMMENDATION REPORT, 1628740 AND 1628741 ONTARIO INC. AT 2716-2730 ELGIN MILLS ROAD EAST, OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS SUBMITTED BY 1628740 AND 1628741 ONTARIO INC. TO PERMIT A 32-UNIT RESIDENTIAL SUBDIVISION

AT 2716-2730 ELGIN MILLS ROAD EAST (WARD 2) FILE PLAN 23 150145 (10.3, 10.5)

H. Miller, 2945

• 1. That the report titled, “RECOMMENDATION REPORT Official Plan and Zoning By-law Amendment applications submitted by 1628740 and 1628741 Ontario Inc. to permit a 32-unit residential subdivision at 2716-2730 Elgin Mills Road East (Ward 2), File PLAN 23 150145”, be received; and,
  2. That the Official Plan Amendment application be approved and that the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  3. That the Zoning By-law Amendment application be approved and that the draft site-specific Zoning By-law, attached as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  4. That servicing allocation for 32 units be assigned to the development and that the servicing allocation will be revoked or reallocated after a period of three (3) years from the date of Council approval should the development not proceed in a timely manner; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

10.4

RECOMMENDATION REPORT, TH (WARDEN) DEVELOPMENTS (BT) INC. AT 10506 AND 10508 WARDEN AVENUE, APPLICATION FOR DRAFT PLAN OF SUBDIVISION BY TH (WARDEN) DEVELOPMENTS (BT) INC. TO FACILITATE THE DEVELOPMENT OF 137 LANE-BASED TOWNHOUSES,

136 BACK-TO-BACK TOWNHOUSES, MIXED USE BLOCKS, A 2 HA DUAL USE PARK/STORMWATER MANAGEMENT BLOCK, A SECONDARY SCHOOL BLOCK, AND THE SUPPORTING ROAD/LANE NETWORK AT 10506 AND 10508 WARDEN AVENUE (WARD 2) FILE PLAN 22 265291 (10.7)

H. Miller, ext. 2945

• 1. That the report titled, “RECOMMENDATION REPORT, Application for Draft Plan of Subdivision by TH (Warden) Developments (BT) Inc. to facilitate the development of 137 lane-based townhouses, 136 back-to-back townhouses, mixed use blocks, a 2 ha dual use park/stormwater management block, a secondary school block, and the supporting road/lane network at 10506 and 10508 Warden Avenue (Ward 2), File PLAN 22 265291”, be received; and,
  2. That the Draft Plan of Subdivision 19TM-22021 be approved in principle, subject to the conditions set out in Appendix ‘A’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to the satisfaction of the Director, Planning and Urban Design; and,
  3. That the Director of Planning and Urban Design, or designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix ‘A’, as may be amended by the Director of Planning and Urban Design, or designate; and,
  4. That Draft Plan Approval for Draft Plan of Subdivision 19TM-22021 will lapse after a period of three (3) years from the date of Council approval in the event that a Subdivision Agreement is not executed within that period; and,
  5. That servicing allocation for 1,443 units be assigned to Draft Plan of Subdivision 19TM-22021; and,
  6. That the servicing allocation will be revoked or reallocated after a period of three (3) years from the date of Council approval should the development not proceed in a timely manner; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

11.

REGULAR REPORTS - CULTURE AND ECONOMIC DEVELOPMENT MATTERS

11.1

2024 UPDATED TERMS OF REFERENCE – FLATO MARKHAM THEATRE ADVISORY BOARD (6.2)

S. Hill, ext. 7545

• 1. That the report titled “2024 Updated Terms of Reference - Flato Markham Theatre Advisory Board” be received; and,
  2. That Council approve the updated Flato Markham Theatre Advisory Board Terms of Reference; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

12.

MOTIONS

13.

NOTICES OF MOTION

14.

NEW/OTHER BUSINESS

• 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".

15.

ANNOUNCEMENTS

16.

CONFIDENTIAL ITEMS

16.1

DEVELOPMENT AND POLICY MATTERS

16.1.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - MARCH 5, 2024 (10.0) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

16.1.2

REQUEST FOR DIRECTIONS - ONTARIO LAND TRIBUNAL APPEAL OF DESIGNATION BY-LAW FOR 10690 MCCOWAN ROAD (WARD 6) (16.11.3)

(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)] 

16.1.3

REQUEST FOR DIRECTIONS - ONTARIO LAND TRIBUNAL APPEAL OF DESIGNATION BY-LAW FOR 10725 KENNEDY ROAD (WARD 6) (16.11.3)

(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)] 

16.1.4

REQUEST FOR DIRECTION OLT APPEAL BY STEELCASE ROAD WEST REGARDING CASH-IN-LIEU OF PARKLAND (6.3)

(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)] 

17.

ADJOURNMENT