Development Services Committee Meeting Minutes

Meeting Number: 12

Tuesday, May 21, 2024 at 9:00 A.m. - 3:00 P.m.

Live streamed

Roll Call

• Mayor Frank Scarpitti
• Deputy Mayor Michael Chan
• Regional Councillor Jim Jones
• Regional Councillor Joe Li
• Regional Councillor Alan Ho
• Councillor Keith Irish
• Councillor Ritch Lau
• Councillor Reid McAlpine
• Councillor Karen Rea
• Councillor Amanda Collucci
• Councillor Juanita Nathan
• Councillor Isa Lee

Regrets

• Councillor Andrew Keyes

Staff

• Andy Taylor, Chief Administrative Officer
• Arvin Prasad, Commissioner, Development Services
• Trinela Cane, Commissioner, Corporate Services
• Morgan Jones, Commissioner, Community Services
• Claudia Storto, City Solicitor and Director of Human Resources
• Joseph Silva, Treasurer
• Bryan Frois, Manager of Executive Operations & Strategic Initiatives
• Chris Nearing, Fire Chief
• Darryl Lyons, Deputy Director, Planning & Urban Design
• Frank Clarizio, Director, Engineering
• Stephanie DiPerna, Director, Building Standards
• Mark Visser, Senior Manager, Financial Strategy & Investments
• Brad Roberts, Manager, Zoning and Special Projects
• Patrick Wong, Senior Natural Heritage Planner
• Melissa Leung, Planner I
• Erica Alligood, Election / Committee Coordinator
• Rajeeth Arulanantham, Assistant to Council / Committee
• Evan Manning, Senior Planner, Heritage

​Alternate formats for this document are available upon request

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1.

CALL TO ORDER

The Development Services Committee was called to order at 9:08 AM with Regional Councillor Jim Jones in the Chair. 

Councillor Juanita Nathan arrived to the meeting at 9:24 AM. 

Councillor Isa Lee arrived to the meeting at 9:28 AM.

Councillor Amanda Collucci arrived to the meeting at 10:01 AM.

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

There were no disclosures of pecuniary interest.

3.

APPROVAL OF PREVIOUS MINUTES

3.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - APRIL 23, 2024 (10.0)

• Moved by Regional Councillor Alan Ho
  Seconded by Deputy Mayor Michael Chan
  1. That the minutes of the Development Services Committee meeting held on April 23, 2024, be confirmed.
  Carried

4.

PRESENTATIONS

4.1

PRESENTATION OF SERVICE AWARDS (12.2.6)

The Development Services Committee recognized the following members of staff:

Chief Administrative Office - Corporate Communications
Maxine Roy, Manager, Corporate Communications, 5 years

Chief Administrative Office - Fire & Emergency Services
George Macris, Division Chief, Fire & Emergency Services, 35 years
Derek Cassidy, Firefighter, Fire & Emergency Services, 10 years
Ching Chen, Firefighter, Fire & Emergency Services, 10 years 
Christopher Gadzala, Firefighter, Fire & Emergency Services, 10 years
Daniel Harwood, Firefighter, Fire & Emergency Services, 10 years
Miranda Hussey, Firefighter, Fire & Emergency Services, 10 years
Matthew Lum, Firefighter, Fire & Emergency Services, 10 years
Morgan Pickup, Training Officer, Fire & Emergency Services, 10 years
Thomas Rozon, Firefighter, Fire & Emergency Services, 10 years
Pedro Santos, Firefighter, Fire & Emergency Services, 10 years
Matthew Skerratt, Firefighter, Fire & Emergency Services, 10 years
Andrew Tamburro, Firefighter, Fire & Emergency Services, 10 years
Alexei Zimin, Firefighter, Fire & Emergency Services, 10 years

Community Services Commission
Vikas Thakur, Engineer, Environmental Services, 10 years
Jawaid Khan, Engineer, Environmental Services, 10 years
David Percy, Working Supervisor, Operations - Fleet, 5 years
Mark Elsenaar, Manager, Recreation Services, 5 years
Kerry Wakefield, Manager, Recreation Services, 5 years

5.

DEPUTATIONS

Martin Mazierski delivered a deputation on Item 8.3 as detailed with the respective item.

Fred Peters delivered a deputation on Item 9.1 as detailed with the respective item. 

6.

COMMUNICATIONS

There were no communications.

7.

PETITIONS

There were no petitions.

8.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

8.1

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES – FEBRUARY 27, APRIL 16, AND APRIL 30, 2024 (10.0)

• Moved by Councillor Juanita Nathan
  Seconded by Regional Councillor Alan Ho
  1. That the minutes of the Development Services Public Meeting held February 27, April 16, and April 30, 2024, be confirmed.
  Carried

8.2

THORNHILL SUB-COMMITTEE MINUTES - APRIL 9, 2024 (10.0)

• Moved by Councillor Juanita Nathan
  Seconded by Regional Councillor Alan Ho
  1. That the minutes of the Thornhill Sub-Committee meeting held April 24, 2024, be received for information purposes.
  Carried

8.3

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

Martin Mazierski, deputant, representing the Owner of 9418 Kennedy Road, St. Philip's Old Rectory, expressed opposition to the designation of this property, appreciating that Staff have been available for discussion but noting that they do not feel that the property meeting the criteria for designation. Mr. Mazierski noted that the property contains a mix of styles, which is not in line with the Georgian style noted in the staff report.

Arvin Prasad, Commissioner, Development Services, confirmed that these properties are related to a notice of intention to designate, advising that the City is not moving forward with designation at this time. Commissioner Prasad advised that if there is an objection to the designation, the matter will be brought back before the Committee.

• Moved by Councillor Karen Rea
  Seconded by Councillor Reid McAlpine
  1. That the Staff report, dated May 21, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase X”, be received; and,
  2. That the deputation from Martin Mazierski made to the Development Services Committee on May 21, 2024 be received; and,
  3. 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:  
     •    12 Celebrity Place (Ward 4): “David and Esther Grove House”; and,
     •    6145 Sixteenth Avenue (Ward 4): “Reverend Peter Cober House”; and,
     •    6666 Major Mackenzie Drive East (Ward 5): “Brownsberger-Ham House”; and,
     •    7484 Sixteenth Avenue (Ward 5): “Pearse Bungalow”; and,
     •    8205 McCowan Road (Ward 4): “Harold and Ruby Boyington House”; and,
     •    9318 Reesor Road (Ward 5): “Rigfoot Farm – The George and Catherine Miller House”; and,
     •    9418 Kennedy Road (Ward 6): “St. Philip’s Old Rectory”; and,
     •    10579 Highway 48 (Ward 5): “James and Lydia Scott House”; and,
     •    10724 Victoria Square Blvd (Ward 2): “Victoria Square United Church Manse”; and,
     •    10732 Victoria Square Blvd (Ward 2): “Rolph Boynton House”; and,
  4. That Council state its intention to designate 12 Celebrity Place (Ward 4) 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 6145 Sixteenth Avenue (Ward 4) 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 6666 Major Mackenzie Drive 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 7484 Sixteenth Avenue (Ward 5) 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 8205 McCowan Road (Ward 4) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  9. That Council state its intention to designate 9318 Reesor Road (Ward 5) [inclusive of 7484 Sixteenth Avenue] (Ward 5)] under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  10. That Council state its intention to designate 9418 Kennedy Road (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  11. That Council state its intention to designate 10579 Highway 48 (Ward 5) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  12. That Council state its intention to designate 10724 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  13. That Council state its intention to designate 10732 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  14. 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,
  15. 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,
  16. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.4

AWARD OF RFP 218-R-23 CONSULTING SERVICES FOR DETAILED DESIGN, CONTRACT ADMINISTRATION AND SITE INSPECTION SERVICES FOR PEDESTRIAN CROSSOVERS (PXOS) AND TRAFFIC SIGNALS PROGRAM (5.12, 7.9)

• Moved by Councillor Juanita Nathan
  Seconded by Regional Councillor Alan Ho
  1. That the report entitled “Award of RFP 218-R-23 Consulting Services for Detailed Design, Contract Administration and Site Inspection Services for Pedestrian Crossovers (PXOs) and Traffic Signals Program” be received; and,
  2. That the contract for consulting engineering services for the detailed design, contract administration and site inspection for the PXOs and Traffic Signals program be awarded to the highest ranked, lowest priced bidder, Parsons Inc., in the amount of $418,818.72 inclusive of HST; and,
  3. That an allowance in the amount of $71,232.00, inclusive of HST, be established for Subsurface Utility Engineering investigations during the design, and for geotechnical investigation and material testing during construction which may be required and approved by the Director of Engineering; and,
  4. That a 10% contingency in the amount of $49,005.07, inclusive of HST, be established to cover any additional consulting services to deliver 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,
  5. That the Engineering Department Capital Administration fee in the amount of $48,515.02 be transferred to revenue account 640-998-8871 (Capital Administration Fee); and,
  6. That the cost in the amount of $587,570.81 ($418,818.72 + $71,232.00 + $49,005.07 + $48,515.02) be funded from capital accounts 23106, 23107, 24047, and 24048 with available budget of $566,148.46; and,
  7. That the budget shortfall in the amount of $21,422.35 be funded from the Engineering Capital Contingency account which has a balance of $100,000.00 as of April 15, 2024; and,
  8. That the individual budgets for consulting engineering services for the detailed design, contract administration and site inspection for the PXOs and Traffic Signals program be consolidated into 083-5350-24048-005; and further,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

8.5

MEMORANDUM, REQUEST FOR SERVICING ALLOCATION FOR PROPOSED RESIDENTIAL DEVELOPMENTS, INCLUDING ONTARIO LAND TRIBUNAL APPROVALS (CITY-WIDE) (5.3)

The Committee sought clarification on the recommendation related to service allocation on 162 Main Street Unionville, asking what it tells us about the status of that overall project. 

Stephen Lue, Senior Manager, advised that the property at 162 Main Street Unionville is owned by a developer, who submitted a pre-construction application for a Heritage Permit in 2023. Mr. Lue advised that the City is now waiting for the applicant to come back with a submission. 

The Committee asked if it is standard practice to wait until a site-plan is approved to allocate servicing. Mr. Lue advised that a Zoning By-law amendment and Official Plan amendment application were received, confirming that a site-plan application is not required at this stage.  

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Karen Rea
  1. That the May 21, 2024, memorandum titled, “Request for Servicing Allocation for Proposed Residential Developments, including Ontario Land Tribunal Approvals (City-Wide)”, be received; and,
  2. That Council assign servicing allocation for a maximum of 31 residential units for the Zoning By-law Amendment and Site Plan Control applications submitted by Glen Rouge Homes (Kennedy) Inc. at 7647 Kennedy Road (PLAN/SPC 20 136196); and,
  3. That Council assign servicing allocation for a maximum of 235 residential units for the Official Plan and Zoning By-law Amendment applications submitted by 2637996 Ontario Inc. at 144 Main Street North (PLAN 20 136386); and,
  4. That Council assign servicing allocation for a maximum of 940 residential units for the Official Plan, Zoning By-law Amendment and Site Plan Control applications submitted by OnePiece Ideal (MS) Development Inc. at 28 Main Street, Unionville (PLAN 19 142690 and SC 119946); and,
  5. That Council assign servicing allocation for a maximum of 103 residential units for the Site Plan Control Application submitted by King David Inc. at 101 Cathedral High Street (SC 13 138565); and,
  6. That Council assign servicing allocation for a maximum of 3,332 residential units for the Zoning By-law Amendment and Site Plan Control applications submitted by Times Uptown Markham at 3825 Highway 7 East (ZA 16 164154, SPC 23 123417, SPC 22 246371, and SPC 23 129005); and,
  7. That Council assign servicing allocation for a maximum of 300 residential units for the Zoning By-law Amendment and Draft Plan of Subdivision applications submitted by Digram Developments Helen Inc. at 55, 63 and 83 Helen Avenue (SU/ZA 17 135415); and,
  8. That Council assign servicing allocation for a maximum of 63 residential units for the Official Plan and Zoning By-law Amendment applications submitted by Unionville Re-Dev Corporation at 162 Main Street, Unionville (PLAN 22 253770); and,
  9. That Council assign servicing allocation for a maximum of 14 residential units for the Official Plan and Zoning By-law Amendment applications submitted by 2814712 Ontario Ltd. at 347 Main Street North (PLAN 19 123553); and,
  10. That Council assign servicing allocation for a maximum of 5 residential units for the Zoning By-law Amendment application submitted by SC Properties Investment Holdings at 8985 Woodbine Avenue (PLAN 21 139043); and,
  11. That the City reserves the right to revoke or reallocate the servicing allocation should the developments not proceed within a period of three (3) years from the date that Council assigned servicing allocation; and,
  12. That York Region be advised that servicing allocation for the above-noted applications have been granted; and further,
  13. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 
  Carried

8.6

SITE PLAN CONTROL FOR OUTDOOR PATIOS (CITY-WIDE) (10.6)

The Committee sought clarification on what is required by way of permit if chairs and tables are placed outside a bakery. 

Brad Roberts, Manager, Zoning & Special Projects, advised that a checklist package for patio operators would be circulated to clarify the steps required in different scenarios. Mr. Roberts advised that where a patio is associated with a heritage building or in a heritage district, a permit would be required.

The Committee asked if fencing surrounding the patio makes a difference in the required permits. Mr. Roberts advised that the Alcohol and Gaming Commission (AGCO) made amendments which no longer require fencing, only the clear delineation of a patio. 

The Committee asked about changes to tent restrictions and requirements. Mr. Roberts advised that tents on non-residential properties are still subject to the Zoning By-law but exempt from site-plan.

• Moved by Councillor Reid McAlpine
  Seconded by Councillor Karen Rea
  1. That the report titled, “Site Plan Control for Outdoor Patios”, dated May 21, 2024, be received; and,
  2. That the Amendment to the Site Plan Control By-law 262-94, as amended, be approved by Council, and that the draft Zoning By-law Amendment attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.

REGULAR REPORTS - DEVELOPMENT AND POLICY MATTERS

9.1

NATURAL HERITAGE MANAGEMENT STUDY (10.0)

Arvin Prasad, Commissioner, Development Services, introduced this item as related to two environmental studies before Committee for endorsement which show how the City can protect and improve its natural areas to build a complete community. Commissioner Prasad introduced Patrick Wong to deliver a presentation.

Patrick Wong, Senior Planner, Natural Heritage delivered a presentation. Mr. Wong introduced Loretta Hardwick, CBCL Limited, to continue the presentation.

The Committee provided the following feedback:

• Asked what it means to create and maintain lateral connections to valley lands. Mr. Wong responded that this wording refers to Official Plan policies related to core linkage enhancements. Mr. Wong expanded that valley systems across Markham extend North to South, noting that the Provincial Policy Statement looks at expanding linkages, and as such the recommendation refers to maintaining and creating East and West links allowing plants and wildlife further migration opportunities.
• Asked if there would be protections as new development is approved. Mr. Wong confirmed that policies within the Official Plan would be applied, and assessment would occur through the Secondary Plan processes to identify what is required by way of technical review.
• Asked if anything has been done to limit the sale of invasive species such as the Norway Maple. Mr. Wong advised that Staff will continue to explore opportunities for education and outreach to bring awareness to the public with respect to resident decisions on landscaping and impacts to the surrounding area.
• Inquired about the ownership of right-of-way corridors. Mr. Wong confirmed that these areas are mainly owned by the Region who are the leaders in that space and have robust plans in place.
• Asked if there is a list of poisonous vegetation in the City. Mr. Wong advised that there is an Invasive Species Management Plan focused on invasive plant species which describes measures that Operations undertakes to control noxious plants, noting that they are very active in managing risks to humans, particularly in locations where there is a risk of interaction.

Fred Peters, deputant, representing Friends of Swan Lake, expressed support for the Natural Heritage Management Study and the report related to Incorporating Natural Assets into Markham's Asset Management Plan and provided a presentation with an overview of how these plans impact and benefit Swan Lake Park. Mr. Peters outlined additional strategies, plans and policies within other municipalities which some parks in Markham could benefit from.

Mr. Wong confirmed that Staff met with the deputant to review the reports, noting that some of the recommended actions would need to be researched further. 

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Alan Ho
  1. That the report dated May 21, 2024 entitled “Natural Heritage Management Study” be received; and,
  2. That the deputation from Fred Peters, made to Development Services Committee on May 21, 2024 be received; and,
  3. That the Natural Areas Management Guidebook and the Invasive Plant Species Management Plan, attached as Appendix A and B, be endorsed to serve as a guiding framework for the stewardship and improvement of natural areas owned by the City of Markham; and,
  4. That the findings of the Natural Heritage Management Study be used to inform updates to the City’s Asset Management Plan and Official Plan; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.2

INCORPORATING NATURAL ASSETS INTO MARKHAM’S ASSET MANAGEMENT PLAN (10.0)

Arvin Prasad, Commissioner, Development Services, introduced this item as related to the Natural Asset Study which has been completed to incorporate natural assets into the City's Asset Management Plan. Commissioner Prasad advised that this would help the City better leverage natural assets and continue to improve them for public use. Commissioner Prasad introduced Patrick Wong to deliver a presentation.

Patrick Wong, Senior Planner, Natural Heritage, delivered a presentation. Mr. Wong introduced Margot Ursic, Grounded Solutions, to continue the presentation.

The Committee provided the following feedback:

• Asked if trees along streets are considered natural assets. Ms. Ursic advised that these are captured in the Parks' Asset Management Plan. 
• Noted that the report does not include parks or storm water management ponds, asking if the respective Asset Management Plans have been reviewed to ensure alignment. Ms. Ursic confirmed that a technical advisory committee was organized to ensure alignment and consideration for what assets are incorporated into each asset management plan. 
• Asked if the GIS database would be available to the public. Mr. Wong advised that some elements would be incorporated into publicly available documents, including the Official Plan. 

• Moved by Mayor Frank Scarpitti
  Seconded by Councillor Reid McAlpine
  1. That the May 21, 2024 report entitled “Incorporating Natural Assets into Markham’s Asset Management Plan” be received; and,
  2. That the Natural Assets Inventory and Evaluation Study attached as Appendix A be endorsed and that the study findings be used to inform updates to the City’s Asset Management Plan; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

10.

MOTIONS

There were no motions.

11.

NOTICES OF MOTION

There were no notices of motion.

12.

NEW/OTHER BUSINESS

The Committee consented to a presentation of a video tribute to former Prime Minister Brian Mulroney which was introduced and prepared by Regional Councillor Jones. 

Mayor Scarpitti thanked Regional Councillor Jones for taking the time to prepare the video tribute, which he stated pays due homage to the leadership of Brian Mulroney, both in office as Prime Minister and following his time in office. 

• Moved by Mayor Frank Scarpitti
  Seconded by Regional Councillor Joe Li
  1. That the video tribute to former Prime Minister Brian Mulroney, prepared by Regional Councillor Jones, be received.
  Carried

13.

ANNOUNCEMENTS

There were no announcements. 

14.

ADJOURNMENT

• Moved by Councillor Juanita Nathan
  Seconded by Councillor Isa Lee

  That the Development Services Committee adjourn at 11:21 AM.

  Carried