Council Minutes

Meeting No. 4

Tuesday, March 10, 2020 at 1:00 P.m. - 6:00 P.m.

Council Chamber

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 Amanda Collucci
• Councillor Isa Lee

Regrets

• Councillor Andrew Keyes
• Councillor Khalid Usman

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
• Brian Lee, Director, Engineering
• Biju Karumanchery, Director, Planning ＆ Urban Design
• Joel Lustig, Treasurer
• Bryan Frois, Chief of Staff
• Martha Pettit, Deputy City Clerk
• Alida Tari
• John Wong, Technology Support Specialist II
• Morgan Jones, Director, Operations

​Alternate formats for this document are available upon request

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1.

CALL TO ORDER

The meeting of Council convened at 1:04 PM on March 10, 2020 in the Council Chamber. Mayor Frank Scarpitti presided.

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

Regional Councillor Joe Li arrived at 1:14 pm.

 

2.

DISCLOSURE OF PECUNIARY INTEREST

None disclosed.

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - FEBRUARY 25, 2020

• Moved by Deputy Mayor Don Hamilton
  Seconded by Regional Councillor Jim Jones
  1. That the Minutes of the Council Meeting held on February 25, 2020 be adopted.
  Carried

4.

PRESENTATIONS

No presentations.

5.

DEPUTATIONS

None.

6.

COMMUNICATIONS

6.1

COMMUNICATIONS - LETTER FROM WUHAN MAYOR

• Moved by Councillor Alan Ho
  Seconded by Councillor Amanda Collucci
  1. That the letter dated February 27, 2020 from Zhou Xianwang, Mayor of Wuhan expressing gratitude for the concern and support related to COVDI-19, be received.
  Carried

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

• Moved by Councillor Isa Lee
  Seconded by Councillor Karen Rea
  1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. Day of Mourning for Workers Killed or Injured on the Job - April 28, 2020
     2. Multiple Sclerosis Awareness Day - May 27, 2020
  2. That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. Flight of the Monarchs Day - August 22, 2020
     2. Cherish Integrated Services Day - September 21, 2020
     3. World Turtle Day - May 23, 2020
     4. National Feral Cat Day - October 16, 2020
  3. That the following requests for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes:
     1. Day of Mourning for Workers Killed or Injured on the Job - April 28, 2020 (Organized by the City of Markham)
     2. Multiple Sclerosis Awareness Day - May 27, 2020 (Organized by the York Region Multiple Sclerosis Chapter)

   

  Carried

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 8 - DEVELOPMENT SERVICES COMMITTEE (FEBRUARY 24, 2020)

• That the report of the Development Services Committee be received & adopted, save and except for Item Nos. 8.1.1 and 8.13:

8.1.1

PROVINCIAL CONSULTATION ON TRANSFORMING AND MODERNIZING THE DELIVERY OF ONTARIO’S BUILDING CODE SERVICES (10.13) 

• Moved by Regional Councillor Jim Jones
  Seconded by Councillor Keith Irish
  1. That the Council of the City of Markham advise the Minister of Municipal Affairs and Housing that the City of Markham;
     1. Supports further study and consultation on how Ontario Building Code services are delivered in Ontario; and,
     2. Supports revising the administration of the provincial qualification and registration program for all building practitioners; and,
     3. Supports Ontario Building Code amendments that facilitate the use of Prime Consultants in Ontario; and,
     4. Does not support the implementation of a Certified Professional program in Ontario; and,
     5. Recommends to the province that all future residential developments be equipped with a sprinkler system; and,
  2. That the City of Markham's Chief Building Official report back with an update before the end of 2020; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

  Carried as Amended

  See following to Amend
• Moved by Councillor Karen Rea
  Seconded by Councillor Keith Irish
  1. That the City of Markham recommend to the province that all future residential developments be equipped with a sprinkler system; and,
  Carried
• Council had before it the following original recommendation:

  1. That the Council of the City of Markham advise the Minister of Municipal Affairs and Housing that the City of Markham;
     1. Supports further study and consultation on how Ontario Building Code services are delivered in Ontario; and,
     2. Supports revising the administration of the provincial qualification and registration program for all building practitioners; and,
     3. Supports Ontario Building Code amendments that facilitate the use of Prime Consultants in Ontario; and,
     4. Does not support the implementation of a Certified Professional program in Ontario; and,
  2. That the City of Markham's Chief Building Official report back with an update before the end of 2020; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

   

8.1.2

FRIENDS OF THE MARKHAM MUSEUM BOARD MINUTES (OCTOBER 9, NOVEMBER 13, 2019, JANUARY 8, 2020 AND EXTRACT DATED OCTOBER 9, 2019 (16.0)

• Moved by Regional Councillor Jim Jones
  Seconded by Councillor Keith Irish
  1. That the minutes of the Friends of the Markham Museum Board meeting held  October 9, November 13, 2019 and January 8, 2020, be received for information purposes; and,
  2. That Council endorse the recommendations from the October 9, 2019 Friends of the Markham Museum Board Extract:

  "THAT the Collections Management Committee recommends the attached list of artifacts (Attachment B) for deaccession from the Implement Tent be approved for acceptance and submitted to the City of Markham for final approval."

  Carried

8.1.3

MAKING OUR MARK. MARKHAM PUBLIC ART MASTER PLAN 2020-2024 (10.16)

• Moved by Regional Councillor Jim Jones
  Seconded by Councillor Keith Irish
  1. That the report entitled Markham’s Public Art Implementation Plan 2020-2024 be received; and, 
  2. That the Public Art Implementation Plan 2020-2024 be approved; and, 
  3. That the recommended governance model be approved; and, 
  4. That the interdepartmental working group established for a major public art project or historic/commemorative installation include the local Ward councillor of the area in which the project or installation is planned; and,
  5. That the local Ward councillor be notified when a donation of public art is being made, and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

      

     Carried as Amended

     See following to Amend
• Council consented to add the following clause:

  "That the local Ward councillor be notified when a donation of public art is being made, and further,"

   
• Council had before it the following original recommendation:

  1. That the report entitled Markham’s Public Art Implementation Plan 2020-2024 be received; and, 
  2. That the Public Art Implementation Plan 2020-2024 be approved; and, 
  3. That the recommended governance model be approved; and, 
  4. That the interdepartmental working group established for a major public art project or historic/commemorative installation include the local ward councillor of the area in which the project or installation is planned; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

      

8.2

REPORT NO. 9 GENERAL COMMITTEE (MARCH 2, 2020)

• Moved by Regional Councillor Jack Heath
  Seconded by Regional Councillor Joe Li

  That the report of the General Committee be received & adopted. (Items 1 and 2):

  Carried

8.2.1

AWARD OF CONSTRUCTION TENDER 217-T-19 WEST THORNHILL – PHASE 3A STORM SEWER AND WATERMAIN REPLACEMENT (7.12)

• Moved by Regional Councillor Jack Heath
  Seconded by Regional Councillor Joe Li
  1. That the report entitled “Award of Construction Tender 217-T-19 West Thornhill – Phase 3A Storm Sewer and Watermain Replacement” be received; and,
  2. That the contract for Tender 217-T-19 West Thornhill – Phase 3A Storm Sewer and Watermain Replacement be awarded to the lowest priced Bidder, Memme Excavation Company Limited in the amount of $14,249,313.97, inclusive of HST; and,
  3. That a 10% contingency in the amount of $1,424,931.40 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That the construction award in the amount of $15,674,245.37 ($14,249,313.97 + $1,424,931.40) be funded from the following capital projects:
     1. 058-6150-20252-005 “West Thornhill Flood Control Implementation - Phase 3A Construction”; and,
     2. 053-5350-20258-005 “Cast Iron Watermain Replacement – West Thornhill Phase 3A” as outlined under the financial considerations section in this report; and,
  5. That the remaining funds in project #20252 “West Thornhill Flood Control Implementation - Phase 3A Construction” in the amount $298,433.98 will not be required from the Stormwater Fee Reserve and the budget remaining in project #20258 “Cast Iron Watermain Replacement – West Thornhill Phase 3A” in the amount of $3,623.66 will be returned to the original funding source; and,
  6. That a 5-year moratorium be placed on any major servicing and utility installation along restored areas including Morgan Avenue (Yonge St. to Henderson Ave.), Henderson Avenue (Glen Cameron Rd. to 60m north of Clark Ave.) and Clark Avenue (from Henderson Ave. to Johnson St.) and Vanwood Road; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.2.2

2019 SUMMARY OF REMUNERATION AND EXPENSES FOR COUNCILLORS AND APPOINTEES TO BOARDS (7.0)

• Moved by Regional Councillor Jack Heath
  Seconded by Regional Councillor Joe Li
  1. That the report titled “2019 Summary of Remuneration and Expenses for Councillors and Appointees to Boards” be received; and,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.3

REPORT NO. 10 - DEVELOPMENT SERVICES COMMITTEE (MARCH 9, 2020)

8.3.1

WHITCHURCH-STOUFFVILLE HIGHWAY 48 CORRIDOR UPDATE (10.0)

Arvin Prasad, Commissioner, Development Services provided clarification on the purpose and objective of the Minister’s Zoning Order. Discussion on this matter ensued.  

 

• Moved by Regional Councillor Jim Jones
  Seconded by Councillor Keith Irish

  Whereas the Province of Ontario has made it a priority to address the housing crisis with various measures including streamlining of development approvals; and,

  Whereas the Province has approved the 2019 Growth Plan which allows for 40 ha urban boundary expansions outside the Municipal Comprehensive Review process subject to Regional approval; and,

  Whereas the Town of Whitchurch-Stouffville has initiated a visioning exercise anticipating development for its lands within the Highway 48 corridor including lands within Markham at the City/Town boundary; and,

  Whereas Flato Developments Inc. has submitted a request for a Minister’s Zoning Order (“MZO”) pursuant to section 47 of the Planning Act for 11.89 ha of its lands at the Town of Whitchurch-Stouffville and City of Markham boundary at Highway 48; and,

  Whereas the Ministry of Municipal Affairs and Housing has requested input from the City on the MZO request by Flato Developments Inc. to facilitate a proposed residential development located on part of Lots 31 and 32, Concession 7, located along the Highway 48 corridor, split between the Town of Whitchurch-Stouffville (8.39 ha) and City of Markham (3.5 ha); and,

  Whereas the Town of Whitchurch-Stouffville is supportive of the MZO request; and,

  Whereas the Flato Developments Inc. lands subject to the requested MZO within the City of Markham consists of a 3.5 ha parcel proposal of a minimum of 120 to a maximum of 500 purpose built rental seniors units and 34 market ownership townhouse units with accessible ground floor secondary suites; and,

  Whereas the Flato Developments Inc. proposal would bring benefits to the City of Markham including rental and seniors housing.

  Now therefore be it resolved:

  1. That Council supports the request by Flato Developments Inc. for a MZO on the basis that the Order require a range of a minimum of 120 to a maximum of 500 purpose built rental seniors units and 34 market ownership townhouse units with accessible ground floor secondary suites; and,
  2. That should the MZO be approved, the developer be required to obtain draft plan of subdivision and site plan approval and submit payment of all development application fees, including Official Plan Amendment and Zoning By-law Amendment fees; and,
  3. That the Minister be requested to provide that the MZO be deemed for all purposes to be and to always have been a by-law passed by Markham Council pursuant to subsection 47(4) of the Planning Act, and,
  4. That the applicant be requested to work with the City of Markham to incorporate various housing types included but not limited to bungaloft, duplexes, bungalow townhouses, etc, and further examine opportunities available through the Federal and Provincial programs that assist with geared to income housing, and,
  5. That the Minister be requested to direct in the Order that all elements related to the residential development required by the municipality, including but not limited to parkland, amenity space, section 37 (public art) contribution, and servicing to Dickson Hill, be referred to Markham Council for approval as part of the development process; and further,
  6. That this Resolution be forwarded to the Minister of Municipal Affairs and Housing, the Town of Whitchurch-Stouffville, and the Region of York.

  Carried by Recorded Vote (9:2)

  (See below recorded vote)

   
• Recorded Vote (9:2)

  YEAS: Councillor Keith Irish, Councillor Alan Ho,  Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Amanda Collucci, Councillor Isa Lee (9)
  
  NAYS: Councillor Reid McAlpine, Regional Councillor Jack Heath (2)

  ABSENT: Councillor Andrew Keyes, Councillor Khalid Usman (2)

   
• Council had before it the following original recommendation:

   

  Whereas the Province of Ontario has made it a priority to address the housing crisis with various measures including streamlining of development approvals; and,

  Whereas the Province has approved the 2019 Growth Plan which allows for 40 ha urban boundary expansions outside the Municipal Comprehensive Review process subject to Regional approval; and,

  Whereas the Town of Whitchurch-Stouffville has initiated a visioning exercise anticipating development for its lands within the Highway 48 corridor including lands within Markham at the City/Town boundary; and,

  Whereas Flato Developments Inc. has submitted a request for a Minister’s Zoning Order (“MZO”) pursuant to section 47 of the Planning Act for 11.89 ha of its lands at the Town of Whitchurch-Stouffville and City of Markham boundary at Highway 48; and,

  Whereas the Ministry of Municipal Affairs and Housing has requested input from the City on the MZO request by Flato Developments Inc. to facilitate a proposed residential development located on part of Lots 31 and 32, Concession 7, located along the Highway 48 corridor, split between the Town of Whitchurch-Stouffville and City of Markham; and,

  Whereas the Town of Whitchurch-Stouffville is supportive of the MZO request; and,

  Whereas the Flato Developments Inc. lands subject to the requested MZO within the City of Markham consists of a 3.5 ha parcel proposal for a range of no less than 120 to 500 purpose built rental seniors units and 34 market ownership townhouse units with accessible ground floor secondary suites; and,

  Whereas the Flato Developments Inc. proposal would bring benefits to the City of Markham including rental and seniors housing.

  
  Now therefore be it resolved:

  1. That Council supports the request by Flato Developments Inc. for a MZO on the basis that the Order require a range of no less than 120 to 500 purpose built rental seniors units and 34 market ownership townhouse units with accessible ground floor secondary suites; and
  2. That should the MZO be approved, the developer be required to obtain draft plan of subdivision and site plan approval and submit payment of all development application fees, including Official Plan Amendment and Zoning By-law Amendment fees; and
  3. That the Minister be requested to provide that the MZO be deemed for all purposes to be and to always have been a by-law passed by Markham Council pursuant to subsection 47(4) of the Planning Act.
  4. That the Minister be requested to direct in the Order that all elements related to the residential development required by the municipality, including but not limited to parkland, amenity space, section 37 (public art) contribution, and servicing to Dickson Hill, be referred to Markham Council for approval as part of the development process; and further,
  5. That this Resolution be forwarded to the Minister of Municipal Affairs and Housing, the Town of Whitchurch-Stouffville, and the Region of York.

9.

MOTIONS

There were no motions.

10.

NOTICE OF MOTION TO RECONSIDER

There were no notices of Motion to reconsider.

11.

NEW/ OTHER BUSINESS

11.1

ROAD DEDICATION OF EAST/WEST MUNICIPAL ROAD EAST OF MIDDLEFIELD ROAD AND NORTH/SOUTH MUNICIPAL ROAD SOUTH OF 14TH AVENUE 

(PLAN 65R-35636, PLAN 65R-35649, AND 65R-38206) (WARD 7)

• Moved by Councillor Isa Lee
  Seconded by Regional Councillor Joe Li
  1. That the report entitled “Road Dedication of East/West Municipal Road east of Middlefield Road and North/South Municipal Road south of 14th Avenue (Plan 65R-35636, Plan 65R-35649, and 65R-38206) (Ward 7)” be received; and,
  2. That Part of Lot 5, Concession 7, designated as Parts 3, 4, 5 and 6, Plan 65R-35636, and Parts 1, 2 and 4 Plan 65R-35649, save and except Part 3, 65R-35649 and Part 1, 65R-38052, be dedicated as public highway and named Mumbai Drive; and,
  3. That Part of Lot 5, Concession 7, designated as Part 7, Plan 65R-35636, and Parts 2 and 3, 65R-38206, save and except Part 7, Plan 65R-35649 and Part 2, 65R-38052, be dedicated as public highway and named Vanni Avenue; and,
  4. That subject to recommendations 2) and 3), the City enact a By-law to dedicate these lands as part of the highways of the City of Markham, as set out in Attachment No. 3 - Road Dedication By-law 2020-___; and,
  5. That in accordance with By-law 178-96, the City declare Part of Lot 5, Concession 7, designated as Parts 5, 6, 7 Plan 65R-35649 and Parts 14, 15, 16, 17 Plan 65R-34398 (“Regional Road Lands”) as surplus to municipal needs; and,
  6. That the Regional Road Lands be conveyed to The Regional Municipality of York for road purposes at no cost; and,
  7. That By-law 106-71 be amended to allow compulsory stops along the future Mumbai Drive and Vanni Avenue (collectively, “Municipal Roads”); and, 
  8. That By-law number 2017-104 be amended to define the maximum speeds along the Municipal Roads; and, 
  9. That By-law number 2005-188 be amended to Prohibit Parking along the Municipal Roads; and further, 
  10. That staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-laws 2020-21 to 2020-24)

  Carried

12.

ANNOUNCEMENTS

There were no announcements.

 

13.

BY-LAWS - THREE READINGS

• Moved by Deputy Mayor Don Hamilton
  Seconded by Councillor Alan Ho

  That By-laws 2020-14 to 2020-19 and 2020-21-2020-24 be given three readings and enacted.

  Carried

Three Readings

13.1

BY-LAW 2020-14 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (65M-4355)

• Carried

13.2

BY-LAW 2020-15 A BY LAW TO AMEND PARKING BY-LAW 2005-188 (65M-4458)

• Carried

13.3

BY-LAW 2020-16 A BY-LAW TO AMEND STOP BY-LAW 106-71 (65M-4435)

13.4

BY-LAW 2020-17 A BY-LAW TO AMEND STOP BY-LAW 106-71 (65M-4458)

• Carried

13.5

BY-LAW 2020-18 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4435 AS A PUBLIC HIGHWAY PART OF LOT 12, REGISTERED PLAN 2196 (SUNRISE ACQUISITIONS (UNIONVILLE) INC.)

(Peshawar Avenue and Greenberg Gate)

• Carried

13.6

BY-LAW 2020-19 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4458 AS A PUBLIC HIGHWAY BLOCKS 249, 250, 251, 252, PLAN 65M-3840 AND PART OF LOT 10, CONCESSION 9, (LINDVEST PROPERTIES (CORNELL) LIMITED)

(Montague’s Lane and Lindcrest Manor)

• Carried

13.7

BY-LAW 2020-21 ROAD DEDICATION BY-LAW

A by-law to dedicate certain lands as part of the highways of the City of Markham (Parts 3, 4, 5 and 6, Plan 65R-35636, and Parts 1 ,2 and 4 Plan 65R-35649, save and except Part 3, 65R-35649 - Mumbai Drive and Part 7, Plan 65R-35636, and Parts 2 and 3, 65R-38206, save and except Part 7, Plan 65R-35649 - Vanni Drive)

(Item No. 11.1, New/ Other Business)

• Carried

13.8

BY-LAW 2020-22 A BY-LAW TO AMEND  TRAFFIC BY-LAW 106-71

To add compulsory stops at specific intersections within the City of Markham
(Item No. 11.1, New/ Other Business)

• Carried

13.9

BY-LAW 2020-23 A BY-LAW TO AMEND SPEED BY-LAW 2017-104

To establish a maximum speed limit of 40 kilometres per hour on specific streets within the City of Markham.
(Item No. 11.1, New/ Other Business)

• Carried

13.10

BY-LAW 2020-24 A BY-LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule C of the Parking By-law pertaining to “Prohibited Parking”.

(Item No. 11.1, New/ Other Business)

• Carried

14.

CONFIDENTIAL ITEMS

• Council consented to not resolve into confidential session.  

   

14.1

COUNCIL

14.1.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [Section 239 (2) (b)]

• Moved by Regional Councillor Jack Heath
  Seconded by Regional Councillor Joe Li

  1. That the following persons be appointed to the Heintzman House Community Centre Board:

  Name                                        Term Expiry

  Douglas Needham                    November 30, 2023
  Pamela McLennan                    November 30, 2023
  Kenneth Steinberg                    November 30, 2023
  Roger Jones                              November 30, 2022
  Bob Wilson                                November 30, 2022

  2. That the resignation from Sharon Deutsh from the Animal Care Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti;

  3. That the resignation from Les Chapman from the Public Library Board be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

  4. That the resignation of Jason Sheldon from the Markham Sports Hall of Fame Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

  Carried

14.2

DEVELOPMENT SERVICES COMMITTEE (MARCH 9, 2020)

14.2.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; – LPAT APPEAL - 271, 337 TO 343 AND 347 TO 357 WILLIAM FORSTER ROAD (WARD 5) [SECTION 239 (2) (e)] (8.0)

Development Services Committee consented to place this matter on the March 10, 2020 confidential Council agenda for consideration.

• Moved by Regional Councillor Jim Jones
  Seconded by Councillor Keith Irish
  1. That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; – LPAT Appeal - 271, 337 to 343 and 347 to 357 William Forster Road (ward 5), be received; and,
  2. That Council direct the City Solicitor and Staff not to attend the Local Planning Appeal Tribunal (“LPAT”) hearing regarding the appeal of the decision of the Committee of Adjustment (the “Committee”) denying the minor variances to remove the requirement for onsite parking for accessory dwelling units within 11 single detached dwellings, provided that the Appellant agrees to request the LPAT impose the conditions of approval set out below in the event that the LPAT allows the variances:
     1. That the variances apply only to the proposed development as long as it remains;
     2. That the following warning clauses be inserted into an agreement pursuant to Section 45(9.1) of the Planning Act and registered on title by the Owner, to the satisfaction of the Director of Planning and Urban Design, and the City Solicitor or their respective designates, advising home purchasers that:
        1. City of Markham Parking Standards By-law 28-97, as amended, requires two parking spaces per dwelling and additional parking is not provided onsite to accommodate an accessory unit permitted by Variances A/131/19 to A/141/19 (Inclusive) on file with the City of Markham Committee of Adjustment;
        2. Where permitted, on-street parking is not provided for any exclusive use of the subject property; and
        3. Overnight parking is not allowed in the City of Markham unless specifically exempted or a parking permit has been issued by the City of Markham By-law and Enforcement and Regulatory Services Department.
     3. That the owner submit, if required by the Chief Building Official, a third-party report prepared by an architect or professional engineer licensed in the Province of Ontario, to assess compliance of existing construction with the provisions of the Ontario Building Code, and in particular relating to the change of use from a dwelling containing a single suite to a dwelling containing more than one suite; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

14.2.2

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL ARYEH CONSTRUCTION LIMITED (WARD 3) [SECTION 239 (2) (e)]

Development Services Committee consented to place this matter on the March 10, 2020 confidential Council agenda for consideration.

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Amanda Collucci
  1. That the confidential report dated March 9, 2020, on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; LPAT Appeal Aryeh Construction Limited (Ward 3), be received; and,
  2. That the City Solicitor, or designate, and any necessary Staff appear before the Local Planning Appeal Tribunal to defend the concerns outlined in this report; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

14.2.3

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; - LANGSTAFF GATEWAY PROPERTY MATTERS (8.0) [Section 239 (2) (f)]

Development Services Committee consented to place this matter on the March 10, 2020 confidential Council agenda for consideration.

 

• Moved by Regional Councillor Jim Jones
  Seconded by Regional Councillor Jack Heath
  1. That the confidential report on advice that is subject to solicitor-client privilege, including communications necessary for that purpose; - Langstaff Gateway Property Matters (8.0), be received; and,
  2. That Staff be authorized and directed to take all steps necessary to implement Council’s direction.
  Carried

15.

CONFIRMATORY BY-LAW - THREE READINGS

• Moved by Councillor Alan Ho
  Seconded by Councillor Isa Lee

  That By-law 2020-20 be given three readings and enacted.

  Three Readings

  BY-LAW 2020-20 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 10, 2020.
  No attachment

  Carried

16.

ADJOURNMENT

• Moved by Councillor Isa Lee
  Seconded by Councillor Keith Irish
  1. That the Council meeting be adjourned at 2:13 p.m
  Carried