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

Meeting Number: 14
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Live streamed

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.

    1. That the Minutes of the Council Meeting held on May 29, 2024, be adopted.

Summary from the City Solicitor


On May 22, 2024, the Ontario Land Tribunal (the “Tribunal”) issued a final order, regarding the settlement between Lifetime Panda Mrkm Inc. (the “Appellant”) and the City of Markham with respect to appeal by the Appellant from the City’s non-decision regarding application to amend the Zoning By-law (“ZBL”) (“Application”), at 8200 Warden Avenue, located south of Cedarland Drive, between Warden Avenue and South Town Centre Boulevard, (the “Subject Lands”) in Markham Centre.


The two issues under appeal were the maximum permitted units of 1962 units and a requirement for the Appellant to enter into a Community Benefit Charges Agreement with the City. The settlement addresses these issues by, among other things, increasing the permitted maximum units to 2930, increasing the number of affordable housing units from 20 to 50, removing the requirement for the Appellant to enter into a Community Benefit Charges Agreement with the City and providing for an off-site parkland dedication of up to 1.09 hectares at 8250 Warden Avenue.  


The Tribunal held the settlement proposal for the ZBL has regard for matters of provincial interest, is consistent with the Provincial Policy Statement, conforms with the Growth Plan, the applicable official plans and represents good planning and allowed the ZBL. The proposed ZBL amends the City’s Zoning By-law 165-80 and Markham Centre Zoning By-law 2004-196, as amended, and zones the Subject Lands with site-specific development standards as necessary to accommodate the four building mixed-use development. These standards include minimum and maximum parking standards, minimum building setbacks, maximum building heights, maximum densities, and a maximum number of units.  The ZBL also applied a Holding (“H”) provision to matters such as the sanitary capacity, storm capacity, and transportation. As the Tribunal has issued its final decision, the ZBL now requires assignment of a by-law number for administrative tracking purposes. (File No. Plan 20 123292)

As the OLT has issued its final decision, the ZBA now requires assignment of a By-law number for administrative tracking purposes.
(By-law 2024-108)

(New Liquor Licence for indoor area)

    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

(New Liquor Licence for indoor area)

    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

(Item 6.5 and By-law 2024-111)
(Item 10.1, Development Services Meeting, April 23, 2024)

    1. That the memorandum titled “Staff responses to the April 23, 2024 Development Services Committee Meeting resolution directing Staff to link population growth with transportation improvements in the City Initiated OPA for the Markham Road – Mount Joy Secondary Plan, File No. PR 20 142832” be received; and,
    2. That the revised Official Plan Amendment for the Markham Road – Mount Joy Secondary Plan, attached hereto as Appendix “A” be adopted and forwarded to York Region for approval; and further, 
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Communication from:


Rob Lavecchia, BURPI, MCIP, RPP, Associate, KLM Planning Partners- 9408 - 9426 Markham Road  
(Item 6.4 and By-law 2024-111)

Please refer to your June 4, 2024 Development Services Committee Agenda for reports.


Mayor and Members of Council:

  • That the report of the Development Services Committee be received & adopted. (Items 1 to 5):

(By-law 2024-110) 

    1. That the report entitled “Speed Limit Reduction on Bur Oak Avenue (Ward 5)” be received; and,
    2. That Speed Limit By-law 2017-104 be amended to reduce the posted speed limit on Bur Oak Avenue, within the Bill Hogarth Secondary School Zone, from 50 km/h to 40 km/h; and,
    3. That the existing regulatory speed limit signs be updated accordingly to reflect the speed limit change; and,
    4. That a speed radar display board be deployed following installation of the updated speed limit signs, to provide increased education and awareness; and,
    5. That York Region Police be requested to enforce the revised speed limit upon installation of the updated speed limit signs and passing of the By-law; and further,
    6. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled “Award of RFP 084-R-24 Consulting Services for Detailed Design, Contract Administration and Site Inspection Services for Active Transportation at Five Priority Locations” be received; and,
    2. That the contract for consulting engineering services for the detailed design, contract administration and site inspection for Active Transportation at Five Priority Locations be awarded to the highest ranked, lowest priced bidder, Chisholm Fleming & Associates in the amount of $550,577.42 inclusive of HST; and,
    3. That an allowance in the amount of $40,704.00, inclusive of HST, be established for geotechnical investigation and material testing during construction which may be required; and,
    4. That a 10% contingency in the amount of $59,128.14, 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 $58,536.86 be transferred to revenue account 640-998-8871 (Capital Administration Fee); and,
    6. That the cost in the amount of $708,946.42 ($550,577.42 + $40,704.00 + $59,128.14 + $58,536.86) be funded from capital account 23455 with available budget of $571,300.00 and from Infrastructure Canada’s Active Transportation Fund grant contribution of $325,215.18; and,
    7. That the remaining amount of $20,000.00 be retained in the account for the legal opinion on operations and maintenance level of service for protected cycling facilities and for the ATF’s Indigenous Consultation requirement, and the remaining $167,568.76 be returned to the original funding source; and further,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

SUBMITTED BY URBAN GROWTH INC. (C/O LEDGEMARK HOMES INC.) TO FACILITATE A FOUR-STOREY RESIDENTIAL BUILDING AND THE RELOCATION AND ADDITION TO A HERITAGE DWELLING AT 3009 ELGIN MILLS ROAD EAST, 10731, 10737, 10743, AND 10745 VICTORIA SQUARE BOULEVARD (WARD 2) FILE NO. PLAN 24 160555 (10.3, 10.5)
(By-laws 2024-112, 2024-113 and 2024-114)

    1. That the June 4, 2024, report titled, “RECOMMENDATION REPORT, Official Plan and Zoning By-law Amendment Applications submitted by Urban Growth Inc. (c/o Ledgemark Homes Inc.) to facilitate a four-storey residential building and the relocation and addition to a heritage dwelling at 3009 Elgin Mills Road East, 10731, 10737, 10743, and 10745 Victoria Square Boulevard (Ward 2), File PLAN 24 160555”, be received; and,
    2. That the deputation made by Arthur Keoshkerian to the June 4, 2024 Development Services Committee be received; and,
    3. That the written submissions from Jean Toh, Annie Pinteric, Neil Coulton, and Stephanie Clarke be received; and,
    4. That the Official Plan Amendment application be approved and that the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought forward to the June 12, 2024, Council meeting to be enacted without further notice; and,
    5. That the Zoning By-law Amendment application be approved and that the draft site-specific Zoning By-law Amendment, attached as Appendix ‘B’, be finalized and brought forward to the June 12, 2024, Council meeting to be enacted without further notice; and,
    6. That servicing allocation for 56 units be assigned to the four-storey residential development and that servicing allocation will be revoked or reallocated after a period of three (3) years from the date of Council approval, should the development not proceed in a timely manner; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.
    1. That the report entitled "Cornell Centre Secondary Plan – Status Update" dated June 4, 2024, be received; and,
    2. That the additional planning policy work be part of the secondary plan review for the gateway visioning that was established; and, 
    3. That Council endorse the proposed work plan to complete the Cornell Centre Secondary Plan; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled “33rd World Hakka Conference, Luoyang, Henan Province, China, October 24 – 26, 2024” be received; and,
    2. That Council approve business travel for Mayor Scarpitti or designate, Chair of Economic Growth, Culture & Entrepreneurship Regional Councillor Alan Ho and Regional Councillor Joe Li to attend the 33rd World Hakka Conference in Luoyang, Henan Province, China from October 24 – 26, 2024; and,
    3. That the total cost of the 33rd World Hakka Conference in Luoyang, Henan Province, China not exceed $10,500 CDN and be funded from the Corporate Contingency Account; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Please refer to your June 11, 2024 General Committee Agenda for reports.


Mayor and Members of Council:

  • That the report of the General Committee be received & adopted. (Items 1 to 5):

    1. That the report entitled Tax Write-offs in Accordance with Section 354 of the Municipal Act, 2001 be received; and,
    2. That the tax amounts for prior years totalling $636,398, as set out in this report, be written-off pursuant to Section 354 of the Municipal Act, 2001; and,
    3. That the City of Markham’s portion of the write-off of $148,441 be charged to Account 820-820-7040; and,
    4. That the Treasurer be directed to remove these amounts from the Collector’s Roll; and,
    5. That the associated interest be cancelled in proportion to the tax adjustments; and,
    6. That staff be authorized to and directed to do all things necessary to give effect to this resolutions.
    1. That the report titled “Development Charge and Community Benefits Charge December 31, 2023 Reserve Balances and Annual Activity of the Accounts” be received by Council as required under Section 43(1) of the Development Charges Act, 1997, as amended, and Section 37(48) of the Planning Act; and further,
    2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled “Award of Contract 161-S-24, Microsoft 365 Dynamics Customer Relationship Management (CRM) Software” be received; and, 
    2. That the City’s existing Microsoft Platform be extended to include Microsoft 365 Dynamics Suite of Business Applications; and,
    3. That Microsoft 365 Dynamics Suite of Business Applications be designated as the preferred solution and software product of the City’s Customer Relationship Management (CRM) service needs at the sole discretion of the City; and,
    4. That Staff proceed with a Request for Proposal for Consulting Services for the Implementation, Integration, Ongoing Support and Maintenance of a Microsoft 365 Dynamics CRM Solution from Qualified Microsoft Partners; and,
    5. That contract 161-S-24 be awarded to Microsoft Canada for an amount to be negotiated but not to exceed $500,000 inclusive of HST for the year-1 software and license services; and,
    6. That the capital costs for the year-1 software and licenses be funded from capital project account 400-101-5399-24076 - ITS - Corporate CRM Systems Implementation, with an available budget of $ 2,470,085 inclusive of HST; and,
    7. That the contract for ongoing software and license services for 4 additional years be awarded to Microsoft Canada in an annual amount to be negotiated but not to exceed $500,000 inclusive of HST, to be funded from 400-400-5361 with a current annual budget of $65,586.36, and subject to the adoption of the 2025 and future operating budgets in the said negotiated amounts; and,
    8. That the Chief Information Officer and the Senior Manager, Procurement and Accounts Payable be authorized to negotiate the Contract with Microsoft Canada on behalf of the City (in its sole discretion), and execute any required documentation in a form satisfactory to the City Solicitor; and,
    9. That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (h) where it is necessary or in the best interests of the City to acquire non-standard items or Consulting and Professional Services from a preferred supplier or from a supplier who has a proven track record with the City in terms of pricing, quality, and service; and,
    10. That Microsoft Canada be designated as the preferred vendor for the City’s Customer Relationship Management (CRM) service needs at the sole discretion of the City and for Microsoft Canada software products for the term of this contract; and,
    11. That the Chief Administrative Officer and Commissioner, Corporate Services be authorized to approve any new purchases related to this contract needed due to growth and/or future CRM upgrades due to change in technology or system integration with other applications related to the project during the term of this contract, subject to the Expenditure Control Policy and budget approval, in a form satisfactory to the City Solicitor and at the sole discretion of the City; and further,
    12. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report titled “Quality Management System Management Review” be received; and,
    2. That Council, as the Owner of the City’s drinking water system, acknowledge and support the outcome and action items identified from the Management Review; and further,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  • Whereas the City of Markham is committed to achieving Goal #2 of its Strategic Plan in that “We are an inclusive city, engaging everyone in building a livable, caring and culturally vibrant community”, and;

    Whereas the mailing radius for notification of applications coming before the City’s Statutory Public Meetings is 200-metres of the property boundary, and;

    Whereas The City of Markham has been asked to support a request for a Minister’s Zoning Order for subject lands that are 21.4 ha (52.9 ac) in size, and are generally located east of Cedar Avenue, south of Highway 407 and west of Bayview Avenue, in the Langstaff Gateway of Thornhill, and;

    Whereas the subject lands are currently occupied with a variety of uses including light industrial, outdoor storage, natural heritage and very limited residential.

    Therefore, Be It Resolved That the notification area be extended for this application, scheduled for a public hearing June 25, 2024, to include, as a courtesy, residences on the following nearby streets outside the 200-metre radius:  Sycamore Drive, Evergreen Crescent, Mulberry Mews, Stately Way, Jondan Crescent and Romfield Circuit (house numbers 202 to 242 and 209 to 235).

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".

NOTE:  Council, sitting as the voting members, at the Annual General Meeting of the Friends of the Markham Museum on May 23, 2024, approved the transfer of $15,000 from the Research and Publication Trust Fund to The Friends of the Markham Museum.  This resolution is before Council for approval.

    1. That Markham City Council endorse the transfer of $15,000 from the Research and Publication Trust Fund to The Friends of the Markham Museum to fund the Indigenous Research Project.

That By-laws 2024-108 to 2024-116 be given three readings and enacted.

Three Readings

Being a By-law to amend By-law 165-80, as amended (to delete lands from the designated area of By-law 165-80) and to amend By-law 2004-196, as amended (to incorporate lands into the designated area of By-law 2004-196)
To facilitate a By-law number based on direction from the Ontario Land Tribunal.
(Item 6.1)

Being a By-law to amend zoned "M - Industrial" lands southeast corner of Alden Road and Hood Road, west of Warden Avenue.  The purpose is to permit a Food Manufacturing use, which includes meat packaging and processing and cooked food preparation and packaging, but does not include the slaughter of animals. 
(2859715 Ontario Ltd / Skyhawk Holdings, for a proposed Zoning By-law Amendment, PLAN 23 120492)
(Item 8.1.1, Report No. 30 Development Services Public Meeting, September 5, 2023)

Being a By-law that amends the existing 50 km/h speed limit on Bur Oak Avenue, through the Bill Hogarth Secondary School Zone, be reduced to 40 km/h, to improve operational safety and maintain consistency with how speed limits are applied in school zones.
(Item 8.1.1)

Being a By-law to adopt a City initiated Official Plan Amendment No. 53 to incorporate the Markham Road – Mount Joy Secondary Plan (“draft Secondary Plan”) into the City of Markham Official Plan, 2014. 
(Item 6.4)

(PLAN 24 160555) (WARD 2) (10.3)
Being a By-law to amend City of Markham Official Plan, 2014 by adding Official Plan Amendment No. 54 and including Schedules “A” and “B” [Ledgemark Homes Inc. [Livgreen Condominiums], 3009 Elgin Mills Road East, and 10731, 10737, 10743, and 10745 Victoria Square Boulevard)] 
(Item 8.1.3)

(PLAN 24 160555) (WARD 2) (10.3)
Being a By-law that amends by-laws By-law 83-73, as amended and By-law 177-96, to further amend by deleting the lands shown on Schedule ‘A’, from the designated areas of By-law 83-73, as amended and By-law 177-96, as amended, by expanding the designated area of By-law 177-96, as amended, to include additional lands as shown on Schedule ‘A’ attached and by zoning the lands outlined on Schedule ‘A’ as amended to permit a mixed-use residential-commercial development on the lands. [(LivGreen Condominiums) 3009 Elgin Mills Road East & 10731-10745 Victoria Square Boulevard]
(Item 8.1.3)

(PLAN 24 160555) (WARD 2) (10.3)
Being a By-law that amends By-law 2024-19, as amended, hereby further amending as it applies to the lands outlined on Schedule ‘A’  by rezoning the lands outlined on Schedule ‘A’  from Residential – Established Neighbourhood Low Rise – (RES-ENLR) to Mixed Use – Mid Rise*7 – (MU-MR*7) in order to permit a mixed-use residential-commercial development on the lands. [(LivGreen Condominiums) 3009 Elgin Mills Road East & 10731-10745 Victoria Square Boulevard]
(Item 8.1.3)

Being a By-law to rezone land located on the east side of Woodbine Avenue and north of 14th AvenueThe purpose of this By-law is to rezone the subject lands to implement site specific development standards to permit a commercial/industrial development.
(By-law 2024-19, Item 8.1.2, Council Meeting of January 31, 2024)

Being a By-law to rezone land located on the east side of Woodbine Avenue and north of 14th Avenue.  The purpose of this By-law is to rezone the subject lands to permit a commercial/employment development. 
(By-law 2024-19, Item 8.1.2, Council Meeting of January 31, 2024)

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

14.1.1
CONFIDENTIAL COUNCIL MINUTES - MAY 1, 2024 [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

 

14.1.2
REQUEST FOR DIRECTION REPORT - DORSAY CIRCA PHASE 3 - ONTARIO LAND TRIBUNAL APPEAL BY DORSAY DEVELOPMENT CORPORATION, APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT AND

 

SITE PLAN CONTROL APPLICATIONS TO PERMIT THE DEVELOPMENT OF MIXED USED BUILDINGS CONSISTING OF 20, 18, AND 17-STOREYS ON THE NORTH SIDE OF HIGHWAY 7, EAST AND WEST OF CIRCA DRIVE (WARD 2). (LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

14.2
DEVELOPMENT SERVICES COMMITTEE - JUNE 4, 2024

 

14.2.1
OLT APPEAL BY GRMADA HOLDINGS INC., OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (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)]

14.3
GENERAL COMMITTEE - JUNE 11, 2024

 

14.3.1
DISPOSITION OF SURPLUS LANDS (WARD 5) (7.0)

 

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD; [Municipal Act, 2001, Section 239 (2)(c)]

  • That By-law 2024-107 be given three readings and enacted.

    Three Readings

    BY-LAW 2024-107- A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE 12, 2024.
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