Electronic Development Services Committee Meeting Minutes

Meeting Number: 14
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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
  • Arvin Prasad, Commissioner, Development Services
  • Morgan Jones, Commissioner, Community Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Stephanie DiPerna, Director, Building Standards
  • Frank Clarizio, Director, Engineering
  • Biju Karumanchery, Director, Planning & Urban Design
  • Bryan Frois, Manager of Executive Operations & Strategic Initiatives
  • Sabrina Bordone, Development Manager, Central District
  • Loy Cheah, Senior Manager, Transportation
  • Darryl Lyons, Senior Manager, Policy and Research
  • Stephen Lue, Senior Development Manager
  • Hailey Miller, Planner I, West District
  • Aleks Todorovski, Planner I, Zoning and Special Projects|
  • Liliana Da Silva, Senior Planner
  • Laura Gold, Council/Committee Coordinator
  • Mary-Jane Courchesne
  • Erica Alligood
  • Clement Messere, Acting Manager, Development - West
  • Peter Wokral, Senior Planner
  • Nhat-Anh Nguyen, Senior Manager, Development & Environmental
  • Chris Rickett, Director, Economic Development, Culture and Entrepreneurship
  • Victoria Chai, Assistant City Solicitor

Alternate formats for this document are available upon request


COVID-19 Economic Recovery Act, 2020 (Bill 197), municipal Council Members are now permitted to meet remotely and count towards quorum.

That the Development Services Committee convene at 9:33 AM with Regional Councillor Jim Jones in the Chair.

The Committee recessed from 12:30 – 1:30 PM.


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 were no disclosures of pecuniary interest.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the minutes of the Special Development Services Committee meeting held on March 22, 2022, be confirmed.
    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the minutes of the Development Services Committee meeting held on March 28, 2022, be confirmed.
    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the minutes from the Development Services Committee Public meeting held on March 22, 2022 be confirmed.
    Carried
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the minutes of the Special Development Services Committee meeting held on February 15, 2022, be confirmed.
    Carried

There were no presentations.

Deputations were heard with the respective item.

  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Reid McAlpine

    That the written submission by David McBeth regarding the Applications for Official Plan and Zoning By-Law Amendments to permit a 1,081 unit Independent Living Retirement Home Complex at 3912 and 9926, be received.

    Carried

There were no petitions.

Committee consented to this item going to Council on April 12, 2022.

  • Moved byMayor Frank Scarpitti
    Seconded byCouncillor Reid McAlpine
    1. That the report entitled “Request for Demolition - Detached Accessory Building/Shed, 36 John Street, Thornhill Heritage Conservation District”, dated April 11, 2022 be received; and,
    2. That Council supports the proposed demolition of the existing detached accessory building/shed at 36 John Street located within the Thornhill Conservation District; and further,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Arvin Prasad, Commissioner of Development Services Committee, advised that this item provides preliminary information on the Zoning By-law Amendment application submitted by Steelcase Road West Holdings Inc. to facilitate the development of three industrial warehouse buildings. The subject lands are located at the southwest corner of Steelcase Road West and Woodbine Avenue with frontage to the south and west on Idema Road. The Application was deemed complete by Staff on November 29, 2021, and the 90 day period after which an applicant can appeal a rezoning application to the Ontario Land Tribunal (OLT) ended February 27, 2022

Catriona Moggach, IBI Group, provided a presentation on the proposed development.

Steven Albanese, IBI Group, was in attendance to respond to inquiries from the Committee.

 The Committee provided the following feedback on the proposed development:

  • Suggested that warehouse frontage on Woodbine Avenue be broken up and animated so that it does not create a wall like appearance;
  • Questioned if there were any special requirements that needed to be considered for the proposed development due to flooding issues in the area;
  • Expressed concern that a warehouse was being permitted on the subject lands as it may make it challenging to redevelop Woodbine Avenue so that it is more pedestrian friendly.

Hailey Miller, Planner I, advised that the Toronto and Region Conservation Authority (TRCA) has updated and reduced the flood plain for this area.  Staff and the Applicant are working with the TRCA to better understand what this means, and to ensure the project will not negatively impact flooding in the area.

  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Isa Lee
    1. That the report titled “PRELIMINARY REPORT, Steelcase Road West Holdings Inc., Application for Zoning By-law Amendment to permit three industrial warehouse buildings at 1 Steelcase Road West, File No. PLAN 21 143519 (Ward 8)”, be received.
    Carried

(WARD 3) (10.3, 10.5)


 

Arvin Prasad, Commissioner of Development Services, advised that this item recommends approval of the Official Plan and Zoning By-Law Amendment applications submitted by 2310601 Ontario Inc. to permit an independent living retirement home complex consisting of 1,081 units. The Owner has been in a position to appeal the applications to the Ontario Land Tribunal since January 20, 2021.

Lincoln Lo, Malone Given Parsons, provided a presentation on the proposed development.

Christiane Bergauer-Free expressed the following concerns regarding the proposed development: the height of the proposed development; the shadow impacts it will have on the townhouses to the east; the impact it could have on the privacy of adjacent residents; the courtyard does not provide enough open space for the future residents of the retirement home; that existing infrastructure and systems may not be able to handle this and other developments being proposed in the area (i.e. library, community centre, road, sewers, hospitals, and emergency services); it does not include enough affordable housing units;  and it does not include adequate parking. Ms. Bergauer-Free spoke in opposition to the high density projects that continue to be proposed in existing Markham communities.

The Committee discussed the following relative to the proposed development:

  • Appreciated that the proposed development includes both rental and life lease tenures;
  • Expressed concern that there may not be adequate parking, as many of the tenants may still drive as the proposed development is targeting seniors that are 50 years plus;
  • Expressed concern that the courtyard would have a shadow over it at most times;
  • Questioned if the Church had been consulted regarding the construction of the driveway to St. Justin Martyr Church to Mayor Roman Drive;
  • Questioned how staff can ensure that proposed development is built as presented at today’s meeting;
  • Noted some of the positive attributes of the proposed development, such as the park and school site;
  • Requested that attention to the appearance of the building on Highway 7 be considered, suggesting that it needs to be less “boxy” and more animated;
  • Questioned the difference between a life lease and a regular condominium;
  • Questioned if the Owner is a charitable organization;
  • Suggested that parking should not be an issue, as the retirement home will be located on Highway 7 close to transit;
  • Questioned if the project was located within a major transit station area;
  • Suggested that the proposed development should include 5% affordable housing;
  • Expressed concern regarding the height of the proposed development.

The following responses were provided to inquiries from the Committee:

Mr. Lo confirmed that the church has been consulted regarding the construction of the driveway. Mr. Lo clarified that life leases provide buyers with the right to own the unit for their lifetime, and that the unit is transferable after they pass away, noting that the proposal includes this type of unit versus a regular condominium as it allows for restrictions to be made in regards to who can lease the unit (i.e. a requirement that the person must be over 50 years of age or older).  Mr. Lo noted that amenity space, such as a yoga room, library, and cinema will face Highway 7 rather than the residential units.  Mr. Lo clarified that the building has been designed to include various building step backs, particularly on north and east side of the proposed development to ensure the tallest buildings are located along Highway 7 and to minimize the impact to the townhouses to the east of the subject lands. Mr. Lo explained that he is currently working on the Site Plan with Staff.

Andrew Chan, Corebridge Development Corp., confirmed that the project is being built and operated by a non-profit charitable organization.

Sabrina Bordone, Development Manager, advised that the City has a commitment from the Owner to build the proposed development as approved by Council, and that a variety of measures are being put in place to ensure that proposed development is built to these specifications, such as: 1) By-Law 177-96 is being amended to limit the permitted uses of the subject lands to a retirement home and long-term care facility; and 2) the amending by-law puts holding provisions on the subject lands until certain conditions have been satisfactorily met, including but not limited to, execution of a Section 37 agreement, confirmation from the Archdiocese of Toronto that arrangements have been made for the construction of a driveway to St. Justin Martyr Church to Mayor Roman Drive, and submission of a Water Supply Analysis. Ms. Bordone clarified that the proposed development would be required to be brought back to the Development Services Committee if it deviated from the approved plan.

Arvin Prasad, Commissioner of Development Services, confirmed that the proposed development is not in a major transit station area.

The Mayor requested that Planning Staff consult with the City’s Legal Staff regarding if there are enough provisions in place to ensure that the proposed development gets built as presented.

The Committee thanked the Owner for working with City staff and for consulting with the Church on the driveway.

The Committee requested a recorded vote, which was permitted as delegated authority was being requested.

  • Moved byMayor Frank Scarpitti
    Seconded byCouncillor Alan Ho
    1. That the report titled, “RECOMMENDATION REPORT, 2310601 Ontario Inc., Applications for Official Plan and Zoning By-law Amendments to permit a 1,081 unit independent living retirement home complex at 3912 and 3928 Highway 7 East (Ward 3), File No. PLAN 20 123727”, be received; and,
    2. That the Official Plan Amendment application submitted by 2310601 Ontario Inc., be approved and that the draft Official Plan Amendment, attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be adopted without further notice; and,
    3. That the Zoning By-law Amendment application submitted by 2310601 Ontario Inc., be approved and that the draft Zoning By-law Amendment, attached hereto as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
    4. That the Site Plan Application (SPC 21 115121) submitted by 2310601 Ontario Inc. be delegated to the Director of Planning and Urban Design, or a designate, and that Site Plan Approval not be issued prior to 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.

    Carried

    (Carried by Recorded Vote 11:2)

    (See following Recorded Vote)

    (Recorded Vote (11:2))

    YEAS: Mayor Frank Scarpitti, Regional Councillor Jim Jones, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Keith Irish, Councillor Alan Ho, Councillor Reid McAlpine, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (11)

    NAYS: Councillor Karen Rea, and Deputy Mayor Don Hamilton (2)

Arvin Prasad, Commissioner of Development Services, advised that this item is to provide the City of Markham’s comments to York Region on the draft Regional Official Plan (ROP) that was released for public consultation on November 25, 2021. The plan is being updated to bring it into conformity with the Province’s Growth Plan by July 1, 2022.

Liliana Da Silva, Senior Planner, provided a presentation on the “City of Markham Comments on the Draft York Region Official Plan”.

The Committee reviewed and provided feedback on staff’s comments on the ROP:

  • Discussed the various versions of population forecast numbers, including the Province of Ontario’s Ministry of Finance population forecast numbers,;
  • Suggested that the City should be cautious when approving conversions of employment lands to residential uses, as this could impact the City’s employment targets, local economy, traffic congestion, and the environment;
  • Suggested that local governments need to take the lead in providing affordable housing, and purpose built rentals with the help of other levels of government;
  • Supported Recommendation 2k in the staff report – that Council requests that  the Future Urban Area lands identified in Markham in Map 1B of the draft ROP be removed and maintained as agricultural system in Map 1, as these lands are not needed to accommodate growth  to 2051 if Markham intensifies within the existing urban boundary;
  • Suggested that it was important that the Royal Orchard Station is built, and that it meets all standards, as this station may operate more like a commuter station (a station where people to drive to) than the Bridge Station or High Tech Station due to the density being proposed around these stations;
  • Suggested that the focus of Recommendation 2e in the staff report should be on purpose built rentals rather than on second suites, as second suites do not provide rental certainty in the long term;
  • Supported Markham’s target of building 10,000 purpose built rental units by 2051, as this number of units is required to address the current housing crisis;
  • Requested clarification on staff’s comments on the Markham Centre employment district, and the Buttonville Airport lands.

 

York Region and City Staff provided the following responses to inquiries from the Committee:

Removal of the Future Urban Area Lands Identified in Map 1B of the Draft  ROP
Sandra Malcic, Director, Long Range Planning, York Region, advised that it would be a York Region Council decision to remove the “Future Urban Area” lands identified in Map 1B of the draft ROP.

Population Forecast

Darryl Lyons, Senior Manager, Policy & Research, clarified that the Region’s population forecast is typically quite accurate over the long-term, but that there are sometimes short-term fluctuations in the population. Mr. Lyons further clarified that the new development proposals, like the Bridge Station Transit Oriented Community are not included in the Region’s population forecast at this time.

Markham Centre Employment Mapping

Mr. Lyons, explained the history behind recommendation # 2d - the employment mapping west of Warden Avenue, Markham Centre, noting that staff are requesting the map be updated to reflect the in-effect employment designations of Markham’s Official Plan Amendment 21, as the current map in the draft ROP reflects Map 3 of the City of Markham’s Official Plan 2014, which serves to guide the development of the secondary plan process but are not operative..  

Stephen Lue explained how the mapping update to the employment designations   could affect proposed developments in Markham Centre that have been planned based on Markham’s Official Plan Amendment 21 to the 1987 Markham Official Plan. .


Buttonville Airport Policy
Mr. Lyons explained how staff have been working with Regional staff to   support  the intent of the original Buttonville Airport Policy from the ROP, 2010 (with some minor edits), in the updated ROP. Markham Council passed a motion on September 15, 2020 supporting the intent of the original policy. Mr. Lyons advised that staff are concerned that the Province may not approve the policy as it may not conform to the Provincial Growth Plan as it could be interpreted as permitting employment conversion outside the Municipal Comprehensive Review. 

Ms. Malcic noted that York Region continues to work on finding a resolution with the Province  the City and the landowner on this matter.

General Remarks
The Committee consented to this item being brought forward to the April 12, 2022, Council meeting.

Ms, Malcic thanked City staff for their comprehensive comments of the draft ROP.

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Reid McAlpine
    1. That the staff report entitled, “City of Markham Comments on the draft York Region Official Plan” dated April 11, 2022, be received; and, 
    2. That Council requests that:
      1. The delineations of the Langstaff GO and Royal Orchard Subway Major Transit Station Areas (MTSA) in Appendix 2 of the draft Regional Official Plan (ROP) be revised to add adjacent lands from the Langstaff-Longbridge Subway MTSA, that has been moved from Yonge Street to a new Bridge Station in the selected Yonge North Subway Extension alignment, as shown in Figure 1; and, 
      2. All MTSAs in Markham be identified as protected Major Transit Station Areas to enable implementation of inclusionary zoning; and, 
      3. Map 1A be updated to reflect Regional Council approved employment area conversion request M3 1628740 Ontario Inc. and 1628741 Ontario Inc. (Tucciarone) in the Cathedral Employment Area, from Employment Area to a Community Area; and, 
      4. The Markham Centre employment area mapping west of Warden Avenue in the draft ROP be amended to reflect the in-effect employment designations of Official Plan Amendment (OPA) 21 to the 1987 Markham Official Plan as shown in Figure 4; and, 
      5. That the draft Regional Official Plan be amended to define purpose-built rental and request York Region to provide programs and incentives to support achievement of the targets.
      6. The affordable housing targets be further reviewed in consultation with local municipalities and supported with Regional programs and incentives; and, 
      7. The new definition of affordable housing be revised to provide municipalities the flexibility to use local average market rent, where available, and if there are local official plan policies to support this to be more reflective of local market conditions;
      8. The two parcels shown in Figure 3 be removed from the new community area designation in Map 1C of the draft ROP; and, 
      9. The following changes be made to the draft Regional Official Plan policies to further strengthen phasing in existing and new community areas:
        1. Policy 2.2.5 be updated so that infrastructure required to support growth to 2051 be phased based on the direction in the Region’s intensification hierarchy;
        2. Policy 4.2.2.4 be revised so that local municipal population and intensification targets as identified in Tables 1 and 6 of the draft ROP be used in the criteria for approval of secondary plans in new community areas;
        3. Policy 4.2.2.4 (h) i. be deleted given the uncertainty on how the policy will be implemented;
        4. Policy 6.2.3 be revised to clarify the Region will work with local municipalities to co-ordinate the required Regional transportation and servicing infrastructure, especially for new community areas and including the approved Minister’s Zoning Orders.
      10. Regional staff work with City staff to address the matters highlighted from the November 9, 2021, Markham Council resolution on the Region’s Water and Wastewater Master Plan Update; and, 
      11. The Future Urban Area lands identified in Markham in Map 1B of the draft ROP be removed and maintained as agricultural system in Map 1, as these lands are not needed to accommodate growth to 2051; and, 
      12. A new policy be added, or an existing policy be revised, to encourage area-specific community energy plans to be developed for secondary plans and major development; and, 
    3. That the Region review the potential implications of the 2021 Census on the forecasts being assigned to local municipalities in the draft Regional Official Plan; and, 
    4. That Markham Council not support the request by Cornell Rouge Development Corporation, Varlese Brothers et al to convert 17.0 hectares north of Highway 7 and west of Reesor Rd (M4), and the request by Norfinch Group (M7) to convert 0.75 hectares at the southwest corner of Highway 7 and Reesor Rd from employment area to non-employment area uses; and, 
    5. That this staff report, figures and appendices be forwarded to York Region as the City of Markham’s comments on the draft ROP; and further,
    6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

       

    Carried

Arvin Prasad, Commissioner of Development Services, advised that this item provides an update on the Active School Travel Program implemented since 2019, and request Council to approve the implementation of the School Street Test Program.

Loy Cheah, Senior Manager, Transportation, provided a presentation titled “Active School Travel & School Street Test Programs”.

Mr. Cheah responded to inquiries from the Committee, advising that the City is piloting the Active School Test programs to see if they are effective in Markham. Mr. Cheah was confident that the programs would deliver some positive outcomes, as the programs have been tested in other places in the world with some degree of success. Mr. Cheah did not anticipate that the programs would cause traffic to be transferred to other streets, as most driver already try to avoid the school zone during school start and end times.

  • Moved byCouncillor Amanda Collucci
    Seconded byCouncillor Alan Ho
    1. That the staff report titled “Active School Travel & School Street Test Programs” be received; and,
    2. That the School Street Test Program be approved and, as part of this pilot, the temporary, full road closure of Stricker Avenue between Hammersly Boulevard and Fred McLaren Boulevard be approved; and,
    3. That the City contributes $3,500 from project #21025 Cycling & Pedestrian Advisory Committee to the School Street Test Program; and,
    4. That staff report back on expanding the Active School Travel Program beyond this pilot; and further,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

11.

There were no motions.

There were no notices of motions.

There were no notices of motions.

There were no announcements.

Moved by Councillor Isa Lee
Seconded by Regional Councillor Joe Li

That the Development Services Committee e into a confidential session at 1:53 PM to discuss the following matters:

15.1
DEVELOPMENT SERVICES COMMITTEE CONFIDENTIAL MINUTES - JANUARY 24, 2022 AND MARCH 22, 2022 [SECTION 239 (2)(f)(h)]
 

15.2
DEVELOPMENT AND POLICY ISSUES
 

15.2.1
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD;  MINOR VARIANCE APPLICATION - 15 FIERHELLER COURT, (WARD 6) [SECTION 239 (2) (e)]
 

Carried

Moved by Councillor Isa Lee
Seconded by Regional Councillor Jack Heath

That the Development Services Committee rise from the confidential session at 2:03 PM.

Carried

The Development Services Committee adjourned at 2:04 PM.

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