Council Meeting

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

That the rules of procedure be waived to allow a deputation from Francis Lapointe who already spoke on this matter at the Development Services Committee.

That the deputation from Francis Lapointe providing comments regarding “Recommendation Report, Designation of Priority Properties – Phase IX” specifically on 7507 Kennedy Road (Ward 8) be received.

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

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

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

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

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

That the Staff report, dated April 23, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase IX”, be received; and, That the deputations made by E. Bruce Solomon, Joseph Virgilio, and Francis Lapointe at the April 23, 2024 Development Services Committee be received; and, 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, 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, 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, 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 c

That the Staff report, dated April 23, 2024, titled "RECOMMENDATION REPORT, Objection to Notice of Intention to Designate – Phase VI Properties”, be received; and, That the deputation by Rose Bortolussi made at the April 23, 2024 Development Services Committee be received; and, 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, 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, That the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and, 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, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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, 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, 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, That Council supports removal of 7696 Ninth Line from the Markham Register of Property of Cultural Heritage Value or Interest; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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, 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, 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, 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, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (See By-Law 2024-76)

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, 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, 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, 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, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (See By-law 2024-77 and By-law 2024-78)

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, 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, 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, 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, That servicing allocation for 1,443 units be assigned to Draft Plan of Subdivision 19TM-22021; 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; an

That the report titled “2024 Updated Terms of Reference - Flato Markham Theatre Advisory Board” be received; and, That Council approve the updated Flato Markham Theatre Advisory Board Terms of Reference; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the Report for the "Cancellation, Reduction or Refund of Taxes under Sections 357 and 358 of the Municipal Act, 2001" be received; and, That the taxes totalling approximately $591,462 (incl. $6,410 of Stormwater Fees) be adjusted under Section 357 and 358 of the Municipal Act, 2001 of which the City’s tax portion is estimated to be $109,785; and, That the associated interest be cancelled in proportion to the tax adjustments; and, That the Treasurer be directed to adjust the tax roll accordingly; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “The MECP – Markham Distribution System – Drinking Water Inspection Report, January 30, 2024” be received; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the rules of procedure be waived to introduce a motion regarding seasonal outdoor patios.

Whereas the City of Markham’s temporary zoning by-law that allowed seasonal outdoor patios expired December 31, 2023; and, Whereas outdoor seasonal patios accommodate more customers and encourage a welcoming and vibrant street culture while contributing to the success of these small businesses and neighbouring others; and, Whereas various layers of compliance such as site plan and Building Code as well as other operational issues can inhibit or even dissuade business owners from establishing a seasonal patio; Therefore, Be It Resolved That the Council of the City of Markham direct Planning staff to review the city’s current approach to seasonal outdoor patios that includes determining whether the Site Plan Control By-law requirement for outdoor patios is necessary; and, That the report be brought forward to Development Services Committee on or before May 23, 2024.

That By-laws 2024-74 to 2024-79 be given three readings and enacted.

That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 1:41 PM:

NOTE: UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MAY 1, 2024: That the confidential verbal update re: Minto Communities Inc. - Application for Site Plan Control at 17 Anna Russell Way, Unionville, be received; and, That Staff be authorized to proceed as directed at the confidential session of the Council meeting on May 1, 2024.

NOTE: UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MAY 1, 2024: That the Confidential Report, dated April 23, 2024, titled “Confidential Request for Direction Report - Ontario Land Tribunal Appeal by McCowan Elgin Developments Inc. of the Designation By-law for 10690 McCowan Road (Ward 6)”, be received; and, That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

NOTE: UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MAY 1, 2024: That the Confidential Report, dated April 23, 2024, titled “Confidential Request for Direction Report - Ontario Land Tribunal Appeal by 10725 Kennedy Developments Limited of the Designation By-law for 10725 Kennedy Road (Ward 6)”, be received; and, That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

NOTE: UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MAY 1, 2024: That the Confidential Report entitled “Request for Direction re Ontario Land Tribunal appeal by Steelcase Road West Holdings Inc. at 1 Steelcase Road regarding Cash-in-lieu of Parkland” be received; and, That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

NOTE: UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MAY 1, 2024: That the confidential report regarding the Yonge North Subway Extension be received; and, further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

NOTE: UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MAY 1, 2024: That the Confidential report entitled “Donation of a Monument of Sara Corning for Installation at the Ashton Meadows Park” be received; and, That Council accept the donation of a monument of Sara Corning from the Armenian Community Centre of Toronto to be placed in Ashton Meadows Park as described in the report and attachments; and, That the Mayor and Clerk be authorized to execute an agreement (acceptable to the City Solicitor and the Commissioner of Development Services) with the donor for the donation, installation, and maintenance of the monument to be installed in Ashton Meadows Park; and, further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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.

That the Council meeting of May 1, 2024 be adjourned at 2:34 PM.

3 1. That the rules of procedure be waived to allow a deputation from Francis Lapointe who already spoke on this matter at the Development Services Committee.

That the report of the Development Services Committee be received & adopted. (Items 1 to 7): 5

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: o 5011 Highway 7 East (Ward 3): “Eckardt-Sabiston House”; and, o 7792 Highway 7 East (Ward 5): “Armstrong-Coumans House”; and, o 7804 Highway 7 East (Ward 5): “Frank and Mary Jarvis House”; and, o 7842 Highway 7 East (Ward 5): “Russell and Alma Forster House”; and, o 7507 Kennedy Road (Ward 8): “John and Elizabeth Smith House”; and, o 10754 Victoria Square Blvd (Ward 2): “William and Hannah Hatton House”; and, 6 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 Heri

7 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.

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, 8 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.

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 9 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. (See By-Law 2024-76)

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, 10 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. (See By-law 2024-77 and By-law 2024-78)

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, 11 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

1. That the Report for the "Cancellation, Reduction or Refund of Taxes under Sections 357 and 358 of the Municipal Act, 2001" be received; and, 12 2. That the taxes totalling approximately $591,462 (incl. $6,410 of Stormwater Fees) be adjusted under Section 357 and 358 of the Municipal Act, 2001 of which the City’s tax portion is estimated to be $109,785; and, 3. That the associated interest be cancelled in proportion to the tax adjustments; and, 4. That the Treasurer be directed to adjust the tax roll accordingly; and further, 5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

13 Whereas the City of Markham’s temporary zoning by-law that allowed seasonal outdoor patios expired December 31, 2023; and, Whereas outdoor seasonal patios accommodate more customers and encourage a welcoming and vibrant street culture while contributing to the success of these small businesses and neighbouring others; and, Whereas various layers of compliance such as site plan and Building Code as well as other operational issues can inhibit or even dissuade business owners from establishing a seasonal patio; Therefore, Be It Resolved That the Council of the City of Markham direct Planning staff to review the city’s current approach to seasonal outdoor patios that includes determining whether the Site Plan Control By-law requirement for outdoor patios is necessary; and, That the report be brought forward to Development Services Committee on or before May 23, 2024.

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 1:41 PM: 16

NOTE: UPON APPROVAL BY COUNCIL IN OPEN SESSION, THE FOLLOWING RESOLUTION WILL BE REPORTED OUT AT THE OPEN COUNCIL MEETING THIS DATE, MAY 1, 2024: 17 1. That the Confidential Report, dated April 23, 2024, titled “Confidential Request for Direction Report - Ontario Land Tribunal Appeal by McCowan Elgin Developments Inc. of the Designation By-law for 10690 McCowan Road (Ward 6)”, be received; and, 2. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.