Council Meeting Agenda

Meeting Number: 11

Wednesday, May 01, 2024 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 - APRIL 17, 2024

• 1. That the Minutes of the Council Meeting held on April 17, 2024, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

LIQUOR LICENCE APPLICATION - ROTCHY BAR & GRILL (WARD 8) (3.21)

(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.

7.

PROCLAMATIONS

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 16 GENERAL COMMITTEE (APRIL 16, 2024)

Please refer to your April 16, 2024 General Committee Agenda for reports.

Mayors and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 2):

8.1.1

BUILDING MARKHAM’S FUTURE TOGETHER (BMFT) 2020 – 2023 STRATEGIC PLAN UPDATE (16.23)

• 1. That the report entitled Building Markham’s Future Together (BMFT) 2020 – 2023 Strategic Plan Update be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

BUILDING MARKHAM'S FUTURE TOGETHER (BMFT) 2020 - 2026 STRATEGIC PLAN REPORT (16.23)

• 1. That the report entitled Building Markham’s Future Together (BMFT) 2020 – 2026 Strategic Plan be received; and,
  2. That the revised Building Markham’s Future Together 2020 – 2026 Strategic Plan attached as Appendix A, be adopted by the City; and,
  3. That Staff report annually on the status of Building Markham’s Future Together 2020 - 2026 Strategic Plan; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 17 DEVELOPMENT SERVICES COMMITTEE (APRIL 23, 2024)

Please refer to your April 23, 2024 Development Services Committee Agenda for reports.

Mayors and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1 to 7):

8.2.1

RECOMMENDATION REPORT, DESIGNATION OF PRIORITY PROPERTIES – PHASE IX (16.11.3)

• 1. That the Staff report, dated April 23, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase IX”, be received; and,
  2. That the deputations made by E. Bruce Solomon, Joseph Virgilio, and Francis Lapointe at the April 23, 2024 Development Services Committee be received; and,
  3. That the communications submitted by Joseph Virgilio and Francis Lapointe, representing the owner of the property at 7507 Kennedy Road, providing comments regarding the above subject matter be received; and, 
  4. 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:
     • 5011 Highway 7 East (Ward 3): “Eckardt-Sabiston House”; and,
     • 7792 Highway 7 East (Ward 5): “Armstrong-Coumans House”; and,
     • 7804 Highway 7 East (Ward 5): “Frank and Mary Jarvis House”; and,
     • 7842 Highway 7 East (Ward 5): “Russell and Alma Forster House”; and,
     • 7507 Kennedy Road (Ward 8): “John and Elizabeth Smith House”; and,
     • 10754 Victoria Square Blvd (Ward 2): “William and Hannah Hatton House”; and,
  5. That Council state its intention to designate 5011 Highway 7 East (Ward 3) 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 7792 Highway 7 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 7804 Highway 7 East (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 7842 Highway 7 East (Ward 5) 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 7507 Kennedy Road (Ward 8) 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 10754 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  11. 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,
  12. 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,
  13. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

RECOMMENDATION REPORT, OBJECTION TO NOTICE OF INTENTION TO DESIGNATE – PHASE VI PROPERTIES (16.11.3)

• 1. That the Staff report, dated April 23, 2024, titled "RECOMMENDATION REPORT, Objection to Notice of Intention to Designate – Phase VI Properties”, be received; and,
  2. That the deputation by Rose Bortolussi made at the April 23, 2024 Development Services Committee be received; and,
  3. That the written objection to designation under the Ontario Heritage Act as submitted by the property owner of 7560 Ninth Line (Ward 7), be received as information; and,
  4. That Council affirm its intention to designate 7560 Ninth Line (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  5. That the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
  6. That the Clerk’s Department be authorized to publish and serve notice of Council’s adoption of the designation by-law as per the requirements of the Ontario Heritage Act; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

RECOMMENDATION REPORT - NOTICE OF OBJECTION TO THE INCLUSION OF A PROPERTY ON THE MARKHAM REGISTER OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST, 7696 NINTH LINE, WARD 7 (16.11.3)

• 1. That the April 23, 2024, report titled, “RECOMMENDATION REPORT - Notice of Objection to the Inclusion of a Property on the Markham Register of Property of Cultural Heritage Value or Interest, 7696 Ninth Line, Ward 7”, be received; and,
  2. That the communication submitted by Joe Grant, LLF Lawyers LLP (representing the owner of 7696 9th Line), providing comments regarding the above subject matter be received; and,
  3. That the recommendation from the Heritage Markham Committee on February 20, 2024, that 7696 Ninth Line is not a significant cultural heritage resource and has no objection to removal of the property from the Markham Register of Property of Cultural Heritage Value or Interest (in accordance with Appendix ‘E’ of this report), be received as information; and,
  4. That Council supports removal of 7696 Ninth Line from the Markham Register of Property of Cultural Heritage Value or Interest; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

RECOMMENDATION REPORT, 1377402 ONTARIO INC. AT 162 MAIN STREET NORTH, APPLICATIONS FOR ZONING BY-LAW AMENDMENT AND SITE PLAN TO PERMIT THE DEVELOPMENT OF THE LANDS

MUNICIPALLY KNOWN AS 162 MAIN STREET NORTH (MARKHAM VILLAGE) FOR A BUSINESS OFFICE WITH RESIDENTIAL AS AN ADDITIONAL USE (WARD 4) FILES ZA 15 147635 AND SC 15 147635 (10.5)

• 1. That the report dated April 23, 2024 titled “RECOMMENDATION REPORT, 1377402 Ontario Inc., Applications for Zoning By-law Amendment and Site Plan to permit the development of the lands municipally known as 162 Main Street North (Markham Village) for a Business Office with Residential as an additional use (Ward 4), Files ZA 15 147635 and SC 15 147635”, be received; and,
  2. That the Zoning By-law Amendment application (File ZA 15 147635) submitted by 1377402 Ontario Inc. to amend Zoning By-law 1229, as amended, to permit Business Office and Residential as additional uses at 162 Main Street North, and to amend the development standards to permit the existing parking lot, be approved, and the draft By-law, attached as Appendix ‘C’, be finalized and enacted without further notice; and,
  3. That the Site Plan application (File SC 15 147635) submitted by 1377402 Ontario Inc. to permit the existing parking lot at 162 Main Street North, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,
  4. That the Site Plan application (File SC 15 147635) be delegated to the Director of Planning and Urban Design, or designate, with the issuance of Site Plan Approval following 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.

8.2.5

RECOMMENDATION REPORT, 1628740 AND 1628741 ONTARIO INC. AT 2716-2730 ELGIN MILLS ROAD EAST, OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS SUBMITTED BY 1628740 AND 1628741 ONTARIO INC. TO PERMIT A 32-UNIT RESIDENTIAL SUBDIVISION

AT 2716-2730 ELGIN MILLS ROAD EAST (WARD 2) FILE PLAN 23 150145 (10.3, 10.5)

• 1. That the report titled, “RECOMMENDATION REPORT Official Plan and Zoning By-law Amendment applications submitted by 1628740 and 1628741 Ontario Inc. to permit a 32-unit residential subdivision at 2716-2730 Elgin Mills Road East (Ward 2), File PLAN 23 150145”, be received; and,
  2. 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 a future Council meeting to be enacted without further notice; and,
  3. That the Zoning By-law Amendment application be approved and that the draft site-specific Zoning By-law, attached as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  4. That servicing allocation for 32 units be assigned to the development and that the 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,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.2.6

RECOMMENDATION REPORT, TH (WARDEN) DEVELOPMENTS (BT) INC. AT 10506 AND 10508 WARDEN AVENUE, APPLICATION FOR DRAFT PLAN OF SUBDIVISION BY TH (WARDEN) DEVELOPMENTS (BT) INC. TO FACILITATE THE DEVELOPMENT OF 137 LANE-BASED TOWNHOUSES,

136 BACK-TO-BACK TOWNHOUSES, MIXED USE BLOCKS, A 2 HA DUAL USE PARK/STORMWATER MANAGEMENT BLOCK, A SECONDARY SCHOOL BLOCK, AND THE SUPPORTING ROAD/LANE NETWORK AT 10506 AND 10508 WARDEN AVENUE (WARD 2) FILE PLAN 22 265291 (10.7)

• 1. That the report titled, “RECOMMENDATION REPORT, Application for Draft Plan of Subdivision by TH (Warden) Developments (BT) Inc. to facilitate the development of 137 lane-based townhouses, 136 back-to-back townhouses, mixed use blocks, a 2 ha dual use park/stormwater management block, a secondary school block, and the supporting road/lane network at 10506 and 10508 Warden Avenue (Ward 2), File PLAN 22 265291”, be received; and,
  2. That the Draft Plan of Subdivision 19TM-22021 be approved in principle, subject to the conditions set out in Appendix ‘A’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to the satisfaction of the Director, Planning and Urban Design; and,
  3. That the Director of Planning and Urban Design, or designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix ‘A’, as may be amended by the Director of Planning and Urban Design, or designate; and,
  4. That Draft Plan Approval for Draft Plan of Subdivision 19TM-22021 will lapse after a period of three (3) years from the date of Council approval in the event that a Subdivision Agreement is not executed within that period; and,
  5. That servicing allocation for 1,443 units be assigned to Draft Plan of Subdivision 19TM-22021; and,
  6. That the 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 this resolution.

8.2.7

2024 UPDATED TERMS OF REFERENCE – FLATO MARKHAM THEATRE ADVISORY BOARD (6.2)

• 1. That the report titled “2024 Updated Terms of Reference - Flato Markham Theatre Advisory Board” be received; and,
  2. That Council approve the updated Flato Markham Theatre Advisory Board Terms of Reference; and further,
  3. 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 2024-74 to 2024-76 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2023-74, A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE CITY OF MARKHAM ( BLOCK 59 & 61, PLAN 65M-4806, PART OF LOT 25, PLAN 65R-40467)

Block 59 on Plan 65M-4806,  Reserve Block 61 on Plan 65M- 4806 and Part of Lot 25, Concession 4, designated as Parts 1 and 3, Plan 65R-40467 in the City of Markham, hereby established as part of the public highways of the City of Markham and named Berczy Green Drive.

13.2

BY-LAW 2024-75, BEING A BY-LAW TO PROVIDE FOR A LOW-INCOME SENIORS PROPERTY TAX ASSISTANCE PROGRAM

Subsection 365(1) of the Municipal Act, 2001, S.O, c. 25, as amended (hereinafter called the “Act”), authorizes a local municipality to pass a by-law to provide for the cancellation, reduction or refund of taxes for eligible property owners whose taxes are considered by Council to be unduly burdensome; and the Council of the City of Markham deems it desirable and in the public interest to enact a by-law to implement a low-income seniors property tax assistance program (the “Program”).

13.3

BY-LAW 2024-76, A BY-LAW TO AMEND BY-LAW 1229, AS AMENDED AND TO AMEND BY-LAW 28-97, AS AMENDED

This By-law applies land located on the west side of Main Street Markham North, between Bullock Street to the north, and Wilson Street to the south.  The subject property is currently zoned One Family Residential (R3) by By-law 1229, as amended in order to permit the existing heritage dwelling to be used for business office uses, as well as a range of residential uses. The Hold Provision is intended to ensure that the existing driveway be widened to permit two way traffic in the event that the property is converted to a Medical Clinic.

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

DEVELOPMENT SERVICES COMMITTEE - APRIL 23, 2024

14.1.1

REQUEST FOR DIRECTION - ONTARIO LAND TRIBUNAL APPEAL OF DESIGNATION BY-LAW FOR 10690 MCCOWAN ROAD (WARD 6) (16.11.3)

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

14.1.2

REQUEST FOR DIRECTION - ONTARIO LAND TRIBUNAL APPEAL OF DESIGNATION BY-LAW FOR 10725 KENNEDY ROAD (WARD 6) (16.11.3)

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

14.1.3

REQUEST FOR DIRECTION OLT APPEAL BY STEELCASE ROAD WEST REGARDING CASH-IN-LIEU OF PARKLAND (6.3)

(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 2024-73 be given three readings and enacted.

  Three Readings

  BY-LAW 2024-73, A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 1, 2024.
  No attachment

16.

ADJOURNMENT