Revised Council Meeting Agenda
Revised items are identified by an asterisk (*)

Meeting Number: 22

Tuesday, September 12, 2023 at 1:00 P.m. - 4:30 P.m.

Live streamed

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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

COUNCIL MINUTES JUNE 28, 2023

• 1. That the Minutes of the Council Meeting held on June 28, 2023, be adopted.

3.2

SPECIAL COUNCIL MINUTES JULY 17, 2023 AND JULY 27, 2023

• 1. That the Minutes of the Special Council Meetings  held on July 17, 2023, and July 27, 2023 be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

ONTARIO LAND TRIBUNAL (OLT) DECISION MADE - GLEN ROUGE HOMES (KENNEDY)  INC. 7647 KENNEDY ROAD (WARD 8) (10.5) (10.7)

Summary from the City Solicitor:

On August 14, 2023, the Ontario Land Tribunal (the “Tribunal”) approved and issued an order regarding the settlement between Glen Rouge Homes (Kennedy) Inc. (the “Appellant”) and the City of Markham with respect to an appeal by the Appellant from the City’s non-decisions regarding the Zoning By-law Amendment (“ZBL”) application and a Site Plan application at 7647 Kennedy Road, a 0.59 hectares parcel of land located on the east side of Kennedy Road, south of Lee Avenue (the “Subject Lands”).

The ZBL and site plan applications proposed six townhouse blocks, consisting of five to six units each, with a total of 31 townhome units.

The Tribunal approved the Proposed Development to include: a mix of three storey rear accessed townhouses with floor areas of approximately 162.58 square metres and approximately 155.61 square metres, a proposed density of 52.5 units per hectare, each unit will have private amenity space over the garage and two indoor tandem parking spaces, a landscaped amenity space is proposed between townhouse blocks 3&4 and 5&6 and follows a circular north/south pattern, the proposed amenity space is proposed with plantings, seating and walkways; the walkways are also proposed between all townhouse blocks to a width of 1.5 m.

In its decision, the Tribunal allowed the appeal of ZBL and site plan application and ordered the ZBL be assigned a number. The ZBL deletes the Subject Lands from the designated area of By-law 193-81, as amended, and incorporates them into the designated area of By-law 177-96 and zones them to permit the Proposed Development. As the Tribunal has issued its final decision, the ZBL now requires assignment of By-law numbers for administrative tracking purposes.

(By-Law 2023-119)

• 1. That the communication from the City Solicitor regarding the Ontario Land Tribunal (OLT) decision for Glen Rouge Homes (Kennedy) Inc. 7647 Kenndedy Road (Ward 8) be received.

6.2

ONTARIO LAND TRIBUNAL (OLT) DECISION MADE - MARKHAM MAIN STREET RR INC. C/O SMARTCENTRES INC. 134, 136, 140, 144 & 152 MAIN STREET NORTH AND 12 WILSON STREET (WARD 4) (10.5) (10.7)

Summary from the City Solicitor:

On August 18, 2023, the Ontario Land Tribunal (the “Tribunal”) approved and issued a final order, regarding the settlement between Markham Main Street RR Inc. c/o SmartCentres Inc. (the “Appellant”) and the City of Markham with respect to appeals by the Appellant from the City’s non-decision regarding applications to amend the Official Plan (“OPA”) and the Zoning By-law (“ZBL”) (“Applications”), at 134, 136, 140, 144, and 152 Main Street Markham No. and 12 Wilson Street, located on the west side of Main Street North, north of Wilson Street and east of Water Street in the City (the “Subject Lands”).

The Applications proposed to redevelop the Subject Lands with a 6-storey (7-level) mixed-use residential building, with a 1- to 3-storey building height along Main Street North. (the “Proposed Development”).

The Tribunal approved a settlement of the Proposed Development.  In its decision, the Tribunal allowed appeals of the Applications and ordered the planning instruments OPA and ZBL be assigned a by-law number. The proposed OPA adds a new Section 9.13.4.14 to the City’s Official Plan to permit the Proposed Development having a maximum building height as set out in a new Figure 9.13.4.14, a maximum density of 3.01 FSI, not including areas for above or below grade parking or existing heritage buildings. The ZBL amends the Markham Zoning By-law No. 1229 and zones the Subject Lands to permit the Proposed Development. As the Tribunal has issued its final decision, the OPA and ZBL now require assignment of By-law numbers for administrative tracking purposes.

(By-Law 2023-120 and By-Law 2023-121)

• 1. That the communication from the City Solicitor regarding the Ontario Land Tribunal (OLT) decision for Ontario Land Tribunal (Olt) Decision Made - Markham Main Street Rr Inc. C/O Smartcentres Inc.  134, 136, 140, 144 & 152 Main Street North and 12 Wilson Street (Ward 4) be received.

6.3

SPECIAL OCCASION PERMIT – DTM MUSIC NIGHTS (WARD 3) (3.21)

Request from the Remington Group for the City of Markham to designate the DTM Music Nights being held at Origin Square, 169 Enterprise Blvd, Downtown Markham on the following dates, as an event of Municipal Significance. This designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO). 

The DTM Music Nights will be held on:
Saturday, September 9, 2023 from 6:00 pm to 11:00 pm
Saturday, September 16, 2023 from 6:00 pm to 11:00 pm
Saturday, September 23, 2023 from 6:00 pm to 11:00 pm
Saturday, September30, 2023 from 6:00 pm to 11:00 pm

• 1. That the request for the City of Markham for a Special Occasion Permit be received; and,
  2. That the City of Markham recognize the DTM Music Nights as an event of "Municipal Significance"; and further,
  3. That authority to act on behalf of Council to grant municipal authorizations required by the Alcohol and Gaming Commission of Ontario (“AGCO”) for all future events of Municipal Significance be delegated to the City Clerk.

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

No Attachment

• 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. NATIONAL COACHES WEEK, SEPTEMBER 16 TO 24, 2023 (3.4)
     2. NATIONAL FOREST WEEK,  SEPTEMBER 17 - 23, 2023 (3.4)
     3. RAIL SAFETY WEEK, SEPTEMBER 18 TO 24, 2023 (3.4)
     4. PULMONARY FIBROSIS AWARENESS MONTH, SEPTEMBER, 2023 (3.4)
     5. CHERISH INTEGRATED SERVICES DAY, SEPTEMBER 21, 2023 (3.4)
     6. TEST YOUR SMOKE ALARM DAY, SEPTEMBER 28, 2023 (3.4)
     7. LOCAL GOVERNMENT WEEK, OCTOBER 15 TO 21, 2023 (3.4)
     8. CHILD CARE WORKER AND EARLY CHILDHOOD EDUCATOR APPRECIATION DAY, OCTOBER 17, 2023 (3.4)
        
        
  2. That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. GLOBAL ISMAILI CIVIC DAY, SEPTEMBER 24, 2023 (3.4)
     2. CHILDREN’S GRIEF AWARENESS DAY, NOVEMBER 16, 2023. (3.4)
        
        
  3. That the following request 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. PULMONARY FIBROSIS AWARENESS, SEPTEMBER 13, 2023 (3.4) (Organized by the Canadian Pulmonary Fibrosis Foundation)

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 30 DEVELOPMENT SERVICES PUBLIC MEETING (SEPTEMBER 5, 2023)

Please refer to your September 5, 2023 Development Services Public Meeting Agenda for reports.

Mayors and Members of Council:

• That the report of the Development Services Public Meeting be received & adopted. (Item 1):

8.1.1

PUBLIC MEETING INFORMATION REPORT, 2859715 ONTARIO LTD. (SKYHAWK HOLDINGS), APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT A FOOD MANUFACTURING AND MEAT PROCESSING USE FOR THE PURPOSES OF REPACKAGING AND PROCESSING FOOD PRODUCTS FOR 

WHOLESALE DISTRIBUTION AT 555 ALDEN ROAD, SOUTHEAST CORNER OF ALDEN ROAD AND HOOD ROAD (WARD 8), FILE NO. PLAN 23 120492

• 1. That the report entitled “PUBLIC MEETING INFORMATION REPORT, Application for Zoning By-law Amendment to permit a meat manufacturing and meat processing use, 555 Alden Road, Ward 8, File No. PLAN 23 120492”, be received, and,
  2. That the Record of the Public Meeting held on September 5, 2023 with respect to the proposed Zoning By-law Amendment application, be received, and,
  3. That the application by 2859715 Ontario Ltd / Skyhawk Holdings, for a proposed Zoning By-law Amendment (PLAN 23 120492) be approved and the draft implementing Zoning By-law Amendment be finalized and enacted without further notice, and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 31 DEVELOPMENT SERVICES COMMITTEE MEETING (SEPTEMBER 11, 2023)

Please refer to your September 11, 2023 Development Services Public Meeting Agenda for reports.

Mayors and Members of Council:

• That the report of the Development Services Public Meeting be received & adopted. (Items 1 to 6):

8.2.1

RECOMMENDATION REPORT OBJECTIONS TO NOTICES OF INTENTION TO DESIGNATE – PHASE I PROPERTIES (16.11.3)

• 1. That the Staff report, dated September 11, 2023, titled "RECOMMENDATION REPORT, Objections to Notices of Intention to Designate – Phase I Properties”, be received; and,
  2. That the written objections to designation under the Ontario Heritage Act as submitted by or on behalf of the property owners of 5474 19th Avenue (Ward 6), 7822 Highway 7 East (Ward 5), and 53 Dickson Hill Road (Ward 5), be received as information; and,
  3. That Council affirm its intention to designate 5474 19th Avenue (Ward 6), 7822 Highway 7 East (Ward 5), and 53 Dickson Hill Road (Ward 5) under Part IV, Section 29 of the Ontario Heritage Act in recognition of their cultural heritage significance; and,
  4. That the Clerk’s Department be authorized to place designation by-laws 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-laws 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.

8.2.2

RECOMMENDATION REPORT DESIGNATION OF PRIORITY PROPERTIES – PHASE II (16.11.3)

• 1. That the Staff report, dated September 11, 2023, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase II”, be received; and,
  2. That the written submissions from Aird Berlis, Jennifer Gallichan, and Paul Oberst be received; and,
  3. That the deputations from Eileen Costello of Aird Berlis, Paul Oberst, and Daniel Kunjumon be received; and, 
  4. That the consideration to designate 2972 Elgin Mills Rd be deferred to the October 17, 2023 Development Services Committee; and, 
  5. That the consideration to designate 10224 Highway 48 be deferred to January 2024; and,
  6. That the June 14, 2023, recommendation from the Heritage Markham Committee, in support of the designation of 2 Legacy Drive (Ward 7), 81 Dickson Hill Road (Ward 5), 2972 Elgin Mills Road (Ward 2), 4130 Nineteenth Avenue (Ward 6), 4159 Nineteenth Avenue (Ward 6), 6772 Fourteenth Avenue (Ward 6), 7880 Highway 7 (Ward 5), 10159 McCowan Road (Ward 6), 10224 Highway 48 (Ward 6),10387 McCowan Road (Ward 6), under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information; and,
  7. That Council state its intention to designate 2 Legacy Drive (Ward 7), 81 Dickson Hill Road (Ward 5), 4130 Nineteenth Avenue (Ward 6), 4159 Nineteenth Avenue (Ward 6), 6772 Fourteenth Avenue (Ward 6), 7880 Highway 7 (Ward 5), 10159 McCowan Road (Ward 6), 10387 McCowan Road (Ward 6), under Part IV, Section 29 of the Ontario Heritage Act in recognition of their cultural heritage significance; and,
  8. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; 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 will 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.

8.2.3

MEMORANDUM, COUNCIL APPROVAL FOR PARKLAND DEDICATION EXEMPTION: 45 SCIBERRAS ROAD (CSNT 21 116608 & B/003/21), 50 & 52 NELSON ROAD (SPC 21 140484 & SPC 21 142835) AND 10988 & 10990 WARDEN AVENUE (SPC 21 119856 & PLAN 21 119856) (6.3, 10.0)

• 1. That the memorandum titled, “Council Approval for Parkland Dedication Exemption: 45 Sciberras Road (CSNT 21 116608 & B/003/21), 50 & 52 Nelson Road (SPC 21 140484 & SPC 21 142835) and 10988 & 10990 Warden Avenue (SPC 21 119856 & PLAN 21 119856)”, be received; and,
  2. That the Commissioner of Development Services or the Director of Planning and Urban Design be authorized to approve parkland dedication exemptions for the applications identified in this memo; and,
  3. That the Parkland Dedication By-law be amended to authorize the Commissioner of Development Services or the Director of Planning and Urban Design to consider and approve any future requests for exemption of parkland dedication obligations based on criteria arising from similar contexts and elements as the three subject applications; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

REQUEST FOR TRAFFIC CONTROL SIGNALS AT HIGHWAY 7 EAST AND MAYOR ROMAN DRIVE (WARD 3) (5.12)

• 1. That the September 11, 2023 report entitled, “Request for Traffic Control Signals at Highway 7 East and Mayor Roman Drive (Ward 3)”, be received; and,
  2. That York Region be requested to approve the signalization of the intersection of Highway 7 East and Mayor Roman Drive, at the owner’s (2310601 Ontario Inc.) expense; and,
  3. That the City Clerk send a copy of this report and Council resolution to York Region; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.5

RECOMMENDATION REPORT, YUE GONG, 1000038852 ONTARIO INC., APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT THE STORAGE AND SALES OF FIREARMS AND AMMUNITION, ACCESSORY RETAIL USES, AND ASSOCIATED OFFICE USES AT 44 RIVIERA DRIVE

FILE NO. PLAN 22 266738 (WARD 8) (10.5)

(BY-LAW 2023-128)

• 1. That the report, dated September 11, 2023 titled, “RECOMMENDATION REPORT, Yue Gong, 1000038852 Ontario Inc., Application for Zoning By-law Amendment to permit the storage and sales of firearms and ammunition, accessory retail uses, and associated office uses at 44 Riviera Drive, File No. PLAN 22 266738 (Ward 8)”, be received; and,
  2. That the Record of the Public Meeting held on May 23, 2023, with respect to the proposed application for Zoning By-law Amendment submitted by Evans Planning for File No. PLAN 22 266738, be received; and,
  3. That the amendment to Zoning By-law 28-82, as amended, be approved and the draft site-specific implementing Zoning By-law, attached hereto as Appendix “A”, be finalized and enacted without further notice; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.6

MARKHAM AND VAUGHAN AUTO MOBILITY DEMONSTRATION ZONE (10.16)

• 1. That the report entitled “Markham and Vaughan Auto Mobility Demonstration Zone” be received; and,
  2. That City staff be authorized to enter into an agreement with the Province of Ontario and the City of Vaughan to develop and implement the Auto Mobility Demonstration Zone; and,
  3. That City staff receive delegated authority from Council to undertake and implement automotive and mobility demonstration projects as part of the Auto Mobility Demonstration Zone; and,
  4. That City staff provide regular status reports to the Development Services Committee; and further,
  5. That City staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

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".

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2023-122 to 2023-128 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2023-119,  A BY-LAW TO AMEND ZONING BY-LAW 193-81, AND ZONING BY-LAW 177-96, AS AMENDED

A By-law to amend By-law 193-81, as amended (to delete lands from the designated areas of By-laws 193-81) and to amend By-law 177-96, as amended (to incorporate lands into the designated area of By-law 177-96.

By-law 2023-119 as approved by OLT, for information only to facilitate the assignment of a by-law number.

(Item 6.1)

13.2

BY-LAW 2023-120, MARKHAM MAIN STREET RR INC. 134, 136, 140, 144 & 152 MAIN STREET NORTH AND 12 WILSON STREET, OFFICIAL PLAN AMENDMENT

Being a By-Law to adopt Amendment No. 46 to the City of Markham Official Plan 2014, as amended.

By-law 2023-120 as approved by OLT, for information only to facilitate the assignment of a by-law number.

(Item 6.2)

13.3

BY-LAW 2023-121, A BY-LAW TO AMEND BY-LAW 1229, AS AMENDED

A By-law to amend By-law No. 1229, as amended (zones the Subject Lands to permit the Proposed Development).

By-law 2023-121 as approved by OLT, for information only to facilitate the assignment of a by-law number.

(Item 6.2)

13.4

BY-LAW 2023-122, A BY-LAW TO AMEND BY-LAW 2005-188

To add “prohibited parking” at specific intersections within the City of Markham. 

13.5

BY-LAW 2023-123, A BY-LAW TO AMEND BY-LAW 2017-104

To authorize speed limits at specific intersections within the City of Markham.

13.6

BY-LAW 2023-124, A BY-LAW TO AMEND BY-LAW 2017-104

To authorize speed limits at specific intersections within the City of Markham.

13.7

BY-LAW 2023-125, A BY-LAW TO AMEND STOP BY-LAW 106-71

To add “compulsory stop signs” at specific intersections within the City of Markham. 

13.8

BY-LAW 2023-126,  A BY-LAW TO DESIGNATE PART OF A CERTAIN PLAN OF SUBDIVISION NOT SUBJECT TO PART LOT CONTROL

A By-law to designate part of a certain plan of subdivision not subject to Part Lot Control.  The lands affected are 71-120 Stauffer Crescent (Primont Homes). This by-law applies Blocks 15, 16 and 17 (inclusive), Registered Plan 65M-4656 and Blocks 15, 16 and 17 (inclusive), Registered Plan 65M-4674 which is located on the west side of Stauffer Crescent, west of Donald Cousens Parkway and north of Highway 7 East.  The effect of this by-law is to allow for the conveyance of twenty-three (23) townhouse dwelling units.

13.9

BY-LAW 2023-127,  A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE CITY OF MARKHAM

A By-law to dedicate Block 268, Plan 65M-65M-3078, designated as Part 6, Plan 65R-37109 to be established and laid out as part of the public highways of the City of Markham and named Deib Crescent. 

13.10

BY-LAW 2023-128,  A BY-LAW TO AMEND BY 28-82, AMENDED

A By-law amendment applies to a parcel of land with an approximate area of 0.308 hectares (0.76 acres), which is located north of Riviera Drive and east of Rodrick Road.  The subject lands are zoned Select Industrial with Controlled Storage -0.3 ha (MCS3) under By-law 28-82, as amended. The effect of this By-law is to permit Retail Uses up to a maximum of 15% of the total Gross Floor Area of buildings on site, Business Office Uses, the storage and sale of ammunition and to provide site specific parking standards.

14.

CONFIDENTIAL ITEMS

That, in accordance with Section 239 (2) of the Municipal Act, 2001, Council resolve into a private session to discuss the following confidential matters.

14.1

COUNCIL

14.1.1

CONFIDENTIAL COUNCIL MINUTES - JUNE 28, 2023

14.1.2

CONFIDENTIAL SPECIAL COUNCIL MINUTES JULY 27, 2023

14.1.3

APPOINTMENTS TO BOARDS/ COMMITTEES (16.24)

[MUNICIPAL ACT, 2001, Section 239 (2) (b)]

14.2

DEVELOPMENT SERVICES COMMITTEE - SEPTEMBER 11, 2023

14.2.1

UPDATE REPORT (2) - REQUEST FOR DIRECTION RE: ONTARIO LAND TRIBUNAL APPEAL BY TIMBERCREEK FOUR QUADRANT GP2 INC., OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS AT 288, 298, AND 300 JOHN STREET (WARD 1) (10.3, 10.5) 

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

Note: At the September 11, 2023 Development Services Committee Meeting, this matter was referred to Council

14.2.2

REQUEST FOR DIRECTION RE ONTARIO LAND TRIBUNAL RE 16 & 18 GRANDVIEW BOULEVARD PURSUANT TO SUBSECTIONS 42(10) AND 42(12) OF THE PLANNING ACT (8.0)

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

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-118 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-118 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER 12, 2023.
  No attachment

16.

ADJOURNMENT