Town of Newmarket

Minutes

Council - Electronic

Meeting #:
Date:
Time:
-
Location:
Streamed live from the Municipal Offices
395 Mulock Drive
Newmarket, ON L3Y 4X7
Members Present:
  • Mayor Taylor
  • Councillor Simon
  • Councillor Woodhouse (1:02 PM - 2:31 PM, 2:34 PM - 4:45 PM)
  • Councillor Twinney (1:02 PM - 3:15 PM)
  • Councillor Morrison (1:02 PM - 2:52 PM, 2:56 PM - 4:45 PM)
  • Councillor Kwapis (1:02 PM - 2:37 PM, 2:41 PM - 4:45 PM)
  • Councillor Broome
  • Councillor Bisanz (1:02 PM - 2:33 PM)
Members Absent:
  • Deputy Mayor & Regional Councillor Vegh
Staff Present:
  • I. McDougall, Chief Administrative Officer
  • E. Armchuk, Commissioner of Corporate Services
  • P. Noehammer, Commissioner of Development & Infrastructure Services
  • J. Payne, Commissioner, Community Services
  • L. Lyons, Director of Legislative Services/Town Clerk
  • J. Unger, Director of Planning & Building Services
  • A. Cammaert, Manager of Planning Services
  • J. Grossi, Acting Deputy Clerk
  • K. Huguenin, Legislative Coordinator

The meeting was called to order at 1:02 PM.

Mayor Taylor in the Chair.

Council recessed at 3:15 PM and reconvened at 3:25 PM.


1.

 

Mayor Taylor acknowledged that the Town of Newmarket is located on the traditional territories of the Wendat, Haudeno-saunee, and the Anishinaabe peoples and the treaty land of the Williams Treaties First Nations and other Indigenous peoples whose presence here continues to this day. He thanked them for sharing this land with us. Mayor Taylor also acknowledged the Chippewas of Georgina Island First Nation as our close neighbours and friends, and that we work to ensure a cooperative and respectful relationship.

Mayor Taylor advised that the Municipal Offices were open to the public, and that members of the public could attend this meeting in person or view the live stream available at Newmarket.ca/meetings. Residents who would like to provide comment on an item on this agenda were encouraged to provide their feedback in writing through email to Legislative Services at clerks@newmarket.ca or by providing a deputation electronically or in-person. He advised residents that their comments would form part of the public record.

The Clerk provided the following additions to the agenda:

  • Item 4.2.2: Correspondence provided by Kai Zheng & Sheng Duan Zheng regarding Official Plan Amendment and Zoning By-law Amendment - 415 Pickering Crescent.

  • Items 4.3.1 and 4.3.2: Correspondence provided by Ahmad Pourebrahim Alamdar and Seokjin Choi and Kyuhyeon Lee regarding Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive.

  • Item 4.3.3 Deputation provided by Julie Lobello regarding the Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive.
  • Moved by:Councillor Morrison
    Seconded by:Councillor Twinney
    1. That the additions to the agenda be approved.
    Carried

The Clerk welcomed the public to the Public Planning and Council meeting. She advised that the Development Charges Act requires the Town to hold at least one public meeting prior to passing a Development Charges By-law, and the Planning Act requires the Town to provide the public an opportunity to comment on the Community Benefits Charges Strategy and proposed By-law prior to enactment.

The Planning Act also requires the Town to hold at least one public meeting on any proposed Zoning By-law Amendment, Official Plan Amendment, or Draft Plan of Subdivision or Condominium.

The Clerk advised the purpose of the public meeting is to hear from anyone who has an interest in the three public hearing matters: 

  • The first item is a proposed Development Charges By-law to update the provision of scoped services for the municipality, and a proposed Community Benefits Charges By-law to introduce a new source of funding for growth relates capital expenditures. 

  • The second item is an application proposing an Official Plan Amendment and Zoning By-law Amendment to permit 32 three‐storey townhouse units at 415 Pickering Crescent.

    The purpose and effect of the proposed Official Plan Amendment and Zoning By-law Amendment are to redesignate the property from Major Institutional to Emerging Residential and to rezone the subject lands from the existing Major Institutional to Residential Townhouse Dwelling 3.

  • The third item is an application proposing a Zoning By-law Amendment and Draft Plan of Subdivision to permit 22 semi-detached units and 2 single detached units, for a total of 24 units on a private road at 1038 & 1040 Jacarandah Drive.

    The purpose and effect of the proposed Zoning By-law Amendment and Draft Plan of Subdivision are to rezone the subject lands from the existing Residential Detached Dwelling 15m Zone to two Residential Semi-Detached 13.6m zones.

The Clerk encouraged anyone who was interested in providing verbal feedback to Council regarding the application to join the meeting electronically by emailing clerks@newmarket.ca.

The Clerk advised that if anyone wished to be notified of any subsequent meetings regarding this matter, they may forward their comments regarding the draft Development Charges and Community Benefits Charges By-laws to fwu@newmarket.ca, and comments regarding the Planning applications can be sent to planning@newmarket.ca. 

The Clerk noted that in accordance with the Planning Act, the Ontario Land Tribunal may dismiss an appeal to the Tribunal, without holding a hearing, if the appellant failed to make either oral submissions at the public meeting or provide written submissions to Council prior to adoption of the application.

The Clerk thanked residents for their participation and interest in the meeting.

Nataliya Kelbas, Project Manager, Hemson provided a presentation regarding the 2022 Development Charges Study & Community Benefit Charges Strategy. The presentation included background information on the Development Charges (DC) By-law and Community Benefits Charge (CBC) Strategy, the DC By-law policy changes and an overview of the CBCs.

Members of Council queried the presenter and staff regarding the CBC strategy, and the levies on higher density development, and the classifications of types of apartments.

  • An alternate motion was presented and is noted below in bold.

    Moved by:Councillor Woodhouse
    Seconded by:Councillor Broome
    1. That the presentation provided by Nataliya Kelbas, Hemson regarding the 2022 Development Charges Study & Community Benefit Charges Strategy be received; and,
    2. That sub-item 4.1.1 being a deputation provided by Maria Luczka regarding the 2022 Development Charges Study & Community Benefit Charges Strategy be received.
    Carried

Maria Luczka provided a deputation to get clarification regarding the development related studies and the CBC strategy.

Lucy Pronk, KLM Planning Partners Inc. provided a presentation regarding the Official Plan Amendment and Zoning By-law Amendment - 415 Pickering Crescent. The presentation included an overview of the subject lands, architectural design elevations, renderings of the proposed development and information on the proposed official plan amendment.

Members of Council queried the presenter and staff regarding traffic and parking concerns, construction access, and landscape plans.

  • An alternate motion was presented and is noted below in bold.

    Moved by:Councillor Woodhouse
    Seconded by:Councillor Simon
    1. That the presentation provided by Lucy Pronk, KLM Planning Partners Inc. regarding the Official Plan Amendment and Zoning By-law Amendment - 415 Pickering Crescent be received; and, 
    2. That sub-items 4.2.1 and 4.2.2 being correspondence regarding the Official Plan Amendment and Zoning By-law Amendment - 415 Pickering Crescent  be received; and,
    3. That sub-items 4.2.3, 4.2.4 and 4.2.5 being deputations provided by Mrs. Ramsarran, Travis Heping and Tim Moreno regarding the Official Plan Amendment and Zoning By-law Amendment - 415 Pickering Crescent be received.
    Carried

Mrs. Ramsarran provided a deputation regarding traffic concerns, parking and the number of units being proposed.

Travis Heping provided a deputation regarding speeding concerns, the number of units being proposed and the height of the building.  

Tim Moreno provided a deputation regarding height of buildings, parking concerns and construction vehicles.

Eldon Theodore, MHBC Planning, Urban Design & Landscape Architecture provided a presentation regarding  Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive. The presentation included information regarding the landscape plan, architectural design elevations and perspective drawings.

Members of Council queried the presenter and staff regarding the design of the houses, snow storage location and parking concerns.

The Director, Planning & Building Services provided Council with the next steps regarding the application process and advised that Staff would bring a report back to a future Committee of the Whole meeting.

  • An alternate motion was presented and is noted below in bold.

    Moved by:Councillor Twinney
    Seconded by:Councillor Morrison
    1. That the presentation provided by Eldon Theodore, MHBC Planning, Urban Design & Landscape Architecture regarding the Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive be received; and,
    2. That sub-items 4.3.1 and 4.3.2 being correspondence regarding the Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive be received; and,
    3. That sub-item 4.3.3 being a deputation provided by Julie Lobello regarding the Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive be received.
    Carried

Julie Lobello provided a deputation regarding parking issues, construction management plans, compatibility between existing homes and new development.

None.

  • Moved by:Councillor Broome
    Seconded by:Councillor Kwapis
    1. That the Council - Electronic Meeting Minutes of April 19, 2022 be approved.
    Carried

Mayor Taylor advised that at the York Region Committee of the Whole meeting on May 5, 2022 information regarding the Regional Greening Strategy, Community Safety and Well-Being Plan for York Region and Affordable Housing in York Region were discussed. Mayor Taylor advised that the York Region is also reviewing a development charge bylaw. 

  • Moved by:Councillor Simon
    Seconded by:Councillor Woodhouse
    1. That the Committee of the Whole - Electronic Meeting Minutes of May 2, 2022 be received and the recommendations noted within be adopted
    Carried
    1. That the report entitled 2023 Budget Process dated May 2, 2022 be received; and,
    2. That delegated authority be granted to increase water, wastewater and stormwater rates as identified in their respective financial plans effective January 1, 2023; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Property Tax Rates and By-law for 2022 dated May 2, 2022 be received; and,
    2. That the property tax rates for 2022, as applied to the assessment roll returned in 2021 for 2022 taxation, be set for Town purposes as follows:
      Residential 0.321670%
      Multi-Residential 0.321670%
      Commercial 0.428497%
      Industrial 0.528568%
      Pipeline 0.295615%
      Farm 0.080417% ; and,
    3. That the applicable Tax Rate By-law, attached as Appendix ‘A” be forwarded to Council for approval; and,
    4. That the Treasurer be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Risk Management Resourcing dated May 2, 2022 be received; and,
    2. That the Council-approved staffing complement be increased by half an FTE to convert the current part-time Risk Management position into fulltime; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled First Quarterly Update to the Outstanding Matters List for 2022 dated May 2, 2022 be received; and,
    2. That Council adopt the Outstanding Matters List; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution
    1. That the report entitled Recommendation Report Glenway West OPA ZBA DPS dated May 2, 2022 be received; and,
    2. That the Official Plan Amendment be adopted; and,
    3. That the Zoning By-law Amendment and Draft Plan of Subdivision 19TN-2019 001 be approved, subject to Regional approval of the Official Plan Amendment; and,
    4. That following Regional approval of the Official Plan Amendment that the by-law for the zoning by-law amendment be brought to Council for approval; and,
    5. That the approval of the Draft Plan of Subdivision 19TN-2019 001 is also subject to the schedule of conditions set out in Appendix “1” attached to and forming part of this report; and,
    6. That the approval for Draft Plan of Subdivision 19TN-2019-001 shall only be issued upon the execution of a “No Pre-Sales Agreement” by the Owner of the said Draft Plan with the Town of Newmarket; and,
    7. That Groundswell Planning c/o Kerigan Kelly be notified of this action; and,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Community Benefit Report - Gault Grove dated May 2, 2022 be received; and,
    2. That proposed Community Benefit be approved; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled 2022 Annual Servicing Allocation Review dated May 2, 2022 be received; and,
    2. That Council reinstate servicing allocation to developments as outlined in Attachment 1 to this staff report; and,
    3. That Council commit servicing allocation to developments as outlined in Table 1 of this staff report; and,
    4. That the Town’s remaining servicing capacity (the Town Servicing Allocation Reserve) be maintained for future development; and,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the Information Report entitled Ontario Regulation - Mandatory Firefighter Regulation dated ​April 20, 2022 be received.
  • Whereas municipal governments provide essential services to the residents and businesses in their communities; and,

    Whereas the introduction of new provincial policies and programs can have an impact on municipalities; and,

    Whereas municipal governments are generally supportive of efforts to modernize and enhance the volunteer and full-time fire services that serve Ontario communities; and,

    Whereas the Association of Municipalities of Ontario (AMO) believes in principle that fire certification is a step in the right direction, it has not endorsed the draft regulations regarding firefighter certification presented by the Province; and,

    Whereas municipalities and AMO are concerned the thirty-day consultation period was insufficient to fully understand the effects such regulations will have on municipal governments and their fire services; and,  

    Whereas fire chiefs have advised that the Ontario firefighter certification process will create additional training and new costs pressures on fire services; and,

    Whereas the Ontario government has not provided any indication they will offer some form of financial support to deliver this service; and,

    Whereas AMO, on behalf of municipal governments, in a letter to Solicitor General Jones dated February 25, 2022, made numerous comments and requests to address the shortcomings in the draft regulations.

    Now, therefore be it resolved,

    1. That the Town of Newmarket does hereby support AMO’s recommendations; and,
    2. That the Town of Newmarket does hereby call on the Solicitor General of Ontario to work with AMO, municipal governments and fire chiefs across Ontario to address the funding concerns raised so that municipalities can continue to offer high quality services to their communities; and,
    3. That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO), the Ontario Small Urban Municipalities (OSUM), and all Ontario municipalities for their consideration.
  • Moved by:Councillor Morrison
    Seconded by:Councillor Broome
    1. That By-laws 2022-29, 2022-30 and 2022-31 be enacted.
    Carried

Councillor Kwapis asked staff for an update on the Tom Taylor Trail - Trail Ambassadors, Lane markings and Clear sight lines (T.L.C) regarding the line markings, education and status of the project.

Councillor Kwapis advised that the Newmarket Farmers Market opened for the season on May 7, 2022. The founding person for the Farmers Market, Jackie Playter, retired from her place on the Board. He thanked her for her contributions.

Councillor Broome advised that the 44th Annual Community Cleanup event was held on May 7, 2022. Many people attended and Members of Council thanked staff.

Councillor Kwapis advised that the water trailer called Quench Buggy was launched at the Farmers Market. The mobile water filling station which promotes Newmarket's safe drinking water was well received. 

  • Moved by:Councillor Kwapis
    Seconded by:Councillor Woodhouse
    1. That Council resolve into Closed Session to discuss the following matters:
      1. ENVI Update - A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization, as per Section 239 (2) (i) of the Municipal Act, 2001.
      2. Property Matter - Portion of 395 Mulock Drive (Ward 5) - A proposed or pending acquisition or disposition of land by the municipality or local board as per Section 239(2)(c) of the Municipal Act, 2001.
      3. Appeal to the Ontario Land Tribunal (OLT) regarding 706 Yarfield Crescent Committee of Adjustment decision (Ward 7) - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board as per Section 239(2)(e) of the Municipal Act, 2001.
    Carried

    Council resolved into Closed Session at 3:47 PM.
    Council (Closed Session) Minutes are recorded under separate cover.
    Council resumed into Open Session at 4:43 PM.


14.1
ENVI Update

 
  • Moved by:Councillor Kwapis
    Seconded by:Councillor Morrison
    1. That the confidential presentation be received .
    Carried

14.2
Property Matter - Portion of 395 Mulock Drive (Ward 5)

 
  • Moved by:Councillor Broome
    Seconded by:Councillor Kwapis
    1. That Closed Session Report CL-2022-08 dated May 9, 2022, be received; and,
    2. That the confidential direction to staff be approved.
    Carried

14.3
Committee of the Whole - Electronic Meeting (Closed Session) Minutes of May 2, 2022

 
  • Moved by:Councillor Simon
    Seconded by:Councillor Woodhouse
    1. That the Committee of the Whole - Electronic Meeting (Closed Session) Minutes of May 2, 2022 be approved.
    Carried

14.3.1
Appeal to the Ontario Land Tribunal (OLT) regarding 706 Yarfield Crescent Committee of Adjustment decision (Ward 7)

 
  • Moved by:Councillor Simon
    Seconded by:Councillor Morrison
    1. That Closed Session Report CL-2022-06 dated May 2, 2022, be received; and,
    2. That the confidential direction to staff be approved, as amended.
    Carried

14.3.2
214 - 218 Main Street South - For Purposes of Legal Advice

 
  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Simon
    1. That Closed Session Report CL-2022-07 dated May 2, 2022 be received; and,
    2. That the confidential direction to staff be approved. 
    Carried
  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Kwapis
    1. That By-law 2022-32 be enacted.
    Carried
  • Moved by:Councillor Morrison
    Seconded by:Councillor Simon
    1. That the meeting be adjourned at 4:45 PM.
    Carried
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