Council Meeting Agenda

Meeting Number: 6

Wednesday, February 08, 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

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

1-2023 ONTARIO LAND TRIBUNAL (OLT) DECISION MADE - GARDEN HOMES (MARKHAM) INC.

73 MAIN STREET SOUTH (13.13)

Summary from the City Solicitor

On July 7, 2021, the Ontario Land Tribunal (“OLT”) approved and issued an order regarding the settlement between the City of Markham and Garden Homes (Markham) Inc. (the “Appellant”) with respect to appeals by the Appellant from the City’s failure to make a decision regarding applications for Official Plan Amendment, Zoning Bylaw Amendment, and Site Plan Approval at 73 Main Street South.

The OLT approved the Official Plan Amendment and Zoning Bylaw Amendment in principle, with the final order withheld until the City and the Appellant finalize the Site Plan.

On July 18, 2022, the OLT issued its final Order approving the Official Plan Amendment, Zoning Bylaw Amendment, and Site Plan.

The settlement permits the lands to be developed with 13 townhouse dwellings and 1 single detached dwelling. The OLT noted that it was satisfied that the application complied with the Planning Act and applicable policies. The OLT further noted that the impacts of the proposed development on the heritage conservation district were adequately assessed in the City’s reports as well as the recommendations of the Heritage Committee that have been incorporated into the Site Plan, and that the massing of the townhouses fronting Main Street is compatible with the area.

The OLT approved the Zoning By-law Amendment to By-law 1229, as well as the Official Plan Amendment to Official Plan Policy 9.13.4.8 to permit the development outlined above.

As the Tribunal has issued its final decision and issued an order regarding the Zoning By-Law Amendment and Official Plan Amendment, the Zoning By-law and Official Plan Amendment now require assignment of by-law and official plan numbers for administrative and municipal tracking purposes.

(By-Law 2023-28 and By-Law 2023-29)

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. International Holocaust Remembrance Day - January 27, 2023
     2. Black History Month - February 2023
     3. National 211 Day - February 11, 2023
     4. World Thinking Day - February 22, 2023
     5. Epilepsy Awareness Month - March 2023
     6. Purple Day (Epilepsy Awareness) - March 26, 2023
     7. Day Of Mourning For Workers Killed Or Injured On The Job - April 28, 2023 
     8. India Independence Day - August 15, 2023
  2. That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. Amyloidosis Awareness Month - March 2023
     2. Neuromyelitis Optica Spectrum Disorder Awareness Month - March 2023
     3. SaveSoil Day - March 21, 2023
  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. Black History Month - February 13 - February 28, 2023
     2. India Independence Day - August 15, 2023
  4. That the following request for flags to be flown at half-mast at all municipal facilities, 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, 2023 

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 5 DEVELOPMENT SERVICES COMMITTEE (JANUARY 31, 2023)

Mayors and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1 to 4):

8.1.1

MENU BOARD SIGN VARIANCE – 2048833 ONTARIO INCORPORATED 8310 MCCOWAN ROAD APPLICATION NO. 22.261422.000.00.SP (2.16, 10.13)

C. Miller, ext. 3980

• 1. That the menu board sign variance application by 2048833 Ontario Incorporated at 8310 McCowan Road, Application No. 22.261422.000.00.SP, BE APPROVED subject to the following conditions:
     1. That the proposed menu board sign be restricted to a maximum height of 2.5 metres and a maximum sign area of 2.0 square metres; and,
     2. Where two (2) menu board signs are provided on-site, zero (0) pre-menu boards be permitted in association with the drive-through service facility; and,
  2. That the location of the second menu board sign is such that it is visible only by those using the drive through, and is not visible from any arterial road; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

STREAMLINING DEVELOPMENT APPROVALS THROUGH A COMMUNITY PLANNING PERMIT SYSTEM (10.0)

E. Irvine, ext. 2094

• 1. That the report dated January 31, 2023 entitled "Streamlining Planning Approvals through a Community Planning Permit System” be received; and,
  2. That the report dated January 31, 2023 entitled "Streamlining Planning Approvals through a Community Planning Permit System” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Audit and Accountability Fund – Intake 3 Fund; and,
  3. That staff be directed to evaluate the findings of the study entitled “Final Report: Streamlining Planning Approvals Through a Community Planning Permit System” and report back to Development Services Committee with potential options for a Community Planning Permit System including a work program and required resources; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

APPROVAL OF THE CONTINUATION OF THE DESIGNATED HERITAGE PROPERTY GRANT PROGRAM, 2023-2025 (16.11)

R. Hutcheson, ext. 2080

• 1. That the January 31, 2023, report titled, “Approval of the Continuation of the Designated Heritage Property Grant Program, 2023-2025”, be received; and,
  2. That a by-law be adopted to implement the Designated Heritage Property Grant Program (2023-2025) generally in the form attached as Appendix “A” to this report; and,
  3. That the existing reserve fund titled, “Designated Heritage Property Grant Reserve Fund”, continue to be used as the funding source for the program; and,
  4. That the Designated Heritage Property Grant Program be allocated $30,000 per year in funding for a three year period (2023 to 2025) for a total of $90,000 from the following source:
     1. A transfer of $90,000 from the Heritage Loan Reserve Fund, which has a current balance of $134,375; and,
  5. That By-law 175-81, as amended, (A By-law to Establish a Heritage Fund) be amended as per Appendix “C” to this report; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.4

MAIN STREET UNIONVILLE REVITALIZATION – PROJECT UPDATE AND SCOPE ADJUSTMENT, WARD 3 (7.9, 10.0)

N. Azmy, ext. 2197 / A. Cachola, ext. 2711

• 1. That the report entitled “ Main Street Unionville Revitalization – Project Update and Scope Adjustment, Ward 3, be received; and,
  2. That Purchase Order PD-21263 issued to CIMA Canada be increased by $239,207.23 inclusive of HST, to cover the additional design work and communication efforts required for the project, and to be funded from Capital Account 22338 (Main Street Unionville Reconstruction); and,
  3. That the contingency Purchase Order PD-21264 issued to CIMA Canada be increased by $35,881.08 inclusive of HST, to cover any additional design work required for the project and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy, and to be funded from Capital Account 22338 (Main Street Unionville Reconstruction); and,
  4. That the Engineering Department Capital Administration Fee in the amount of $25,238.22 inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and,
  5. That the Engineering Capital Account # 083-5350-22338-005 (Main Street Unionville Reconstruction) be increased to include the scope adjustment, as identified in this report in the amount of $1,363,000 inclusive of HST, to be funded from the following reserves:
     1. Life Cycle Fund - $86,100; and,
     2. Development Charges Reserve (DC Reserve) / Community Benefits Charge (CBC) / Tax- $36,600; and,
     3. Waterworks Reserve (WW Reserve) - $161,500; and,
     4. Stormwater Reserve (SW Reserve) - $175,600; and,
     5. York Region - $833,500; and,
     6. Tax/Canada Community Building Fund (CCBF) - $28,700; and,
     7. Private Property - $41,000; and further,
  6. That 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 2023-25 to 2023-27 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2023-25 SADDLECREEK DRIVE AT GALLERIA PARKWAY ALL WAY STOP

A By-Law to amend Traffic By-Law 106-71

(Item 8.1.1, Report 1, Council January 25, 2023)

13.2

BY-LAW 2023-26 HERITAGE BY-LAW TO DESIGNATE GRANT PROGRAM

BEING A BY-LAW TO ESTABLISH A DESIGNATED HERITAGE PROPERTY GRANT PROGRAM (2023-2025)

(Item 8.1.3)

13.3

BY-LAW 2023-27 HERITAGE BY-LAW TO ESTABLISH HERITAGE FUND

A BY-LAW TO AMEND BY-LAW 175-81, AS AMENDED, BEING, A BY-LAW TO ESTABLISH A HERITAGE FUND

(Item 8.1.3)

13.4

BY-LAW 2023-28 GARDEN HOMES (MARKHAM) INC, 73 MAIN STREET SOUTH, ZONING BY-LAW APPROVED BY ONTARIO LAND TRIBUNAL (OLT)

A By-law to amend by-law 1229, as amended (to delete lands from the designated area of By-Law 1229) and bylaw 177-96 as amended (to incorporate lands into the designated area of by-law 177-96)

(Communication No. 1-2023)
(By-law 2023-28 as approved by OLT)
(For information only to facilitate the assignment of a by-law number)

13.5

BY-LAW 2023-29 GARDEN HOMES (MARKHAM) INC, 73 MAIN STREET SOUTH, OFFICIAL PLAN AMENDMENT APPROVED BY ONTARIO LAND TRIBUNAL (OLT)

A by-law to adopt an Official Plan Amendment to the in force Official Plan (Revised 2014), as amended, to permit townhouse dwelling up to three storeys in heights and to facilitate a development consisting of fourteen residential dwellings on the subject lands. 

(Communication No. 1-2023)
(By-law 2023-29 as approved by OLT)
(For information only to facilitate the assignment of a by-law number)

14.

CONFIDENTIAL ITEMS

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

14.1

COUNCIL

14.1.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OF LOCAL BOARD;

INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A PROVINCE OR TERRITORY OR A CROWN AGENCY IN ANY OF THEM; (7.13) [Section 239 (2)(e)(h)

14.1.2

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

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-24 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-24 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 8, 2023
  No attachment

16.

ADJOURNMENT