Development Services Committee Meeting
Revised Agenda
Revised items are identified by an asterisk (*)

Meeting Number: 29

Tuesday, December 12, 2023 at 9:00 A.m. - 3:00 P.m.

Live streamed

Please bring this Development Services Committee Agenda to the Council meeting on December 13, 2023.

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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

DEVELOPMENT SERVICES COMMITTEE MINUTES - NOVEBMER 27 AND NOVEMBER 28, 2023 (10.0)

• 1. That the minutes of the Development Services Committee meeting held on November 27 and November 28, 2023, be confirmed.

4.

PRESENTATIONS

4.1

PRESENTATION OF SERVICE AWARDS (12.2.6)

The Development Services Committee recognizes the following members of staff:

Chief Administrator's Office - Fire & Emergency Services
Amaris Liu, Fire Plan Examiner, Fire & Emergency Services, 10 Years

Community Services Commission
Andrew Popov, IMS Data Specialist, Environmental Services, 30 Years
Ian Robertson, Working Supervisor, Forestry, Operations, 20 Years
Scott Hill, Community Facility Coordinator, Recreation Services, 20 Years
Luke Colangelo, Waterworks Operator II, Environmental Services, 15 Years
Christopher Farnell, Sewer Flusher/Camera Operator, Environmental Services, 5 Years
Benjamin Kihara, Survey Crew Leader, Operations, 5 Years
Kevin Wilkinson, Sweeper Operator, Operations, 5 Years
Tyler Aguinaldo, Facility Operator III, Recreation Services, 5 Years

Corporate Services Commission
Evon Wisdom, Help Desk Support Specialist, Information Technology Services, 20 Years
Michael Kourtsidis, Municipal Law Enforcement Officer II, By-law Enforcement & Regulatory Services, 15 Years
Scott Chapman, Corporate Privacy & Records Coordinator, Legislative Services, 5 Years

Development Services Commission
Ira Davis, Customer Service Representative, Building Standards, 35 Years 
Henry Lo, Manager, Transportation Planning, Engineering, 10 Years
Ricardo Bernardino, Architectural Plans Examiner I, Building Standards, 5 Years 
Hailey Miller, Planner II, Planning & Urban Design, 5 Years

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

COMMUNICATION ON RECOMMENDATION REPORT, HILTON MARKHAM SUITES HOTEL LIMITED, AT 8500 WARDEN AVENUE, PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT HIGH DENSITY RESIDENTIAL MIXED-USE DEVELOPMENT

CONSISTING OF FIVE NEW BUILDINGS AND A PUBLIC PARK LOCATED AT THE SOUTHWEST CORNER OF WARDEN AVENUE AND HIGHWAY 7, MUNICIPALLY KNOWN AS 8500 WARDEN AVENUE, IN MARKHAM CENTRE (WARD 8) FILE PLAN 20 128653 (10.3, 10.5)

Note: Please refer to item 9.1 for staff report.

• 1. That the communications submitted by the following providing comments regarding the above subject matter be received:
     • Frederick Woo
     • Jenny Zheng
     • Sandy K. Aivaliotis 
     • Demetri Mamatis
     • Scott Cosens
     • Bob and Carolyn Davison

7.

PETITIONS

8.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

8.1

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES – NOVEMBER 21, 2023 (10.0)

• 1. That the minutes of the Development Services Public Meeting held November 21, 2023, be confirmed.

8.2

AUTHORITY TO PROVIDE DEVELOPMENT CHARGES (DC) CREDIT AND / OR REIMBURSEMENT FOR THE CONSTRUCTION OF ROUGESIDE PROMENADE FROM 100M EAST OF WARDEN AVENUE (WEST LIMITS OF THE SUBDIVISION) TO VERDALE CROSSING AND 

FOR THE CONSTRUCTION OF MULTI-USE PATHWAY (MUP) ON WARDEN AVENUE TO 1771107 ONTARIO INC. (WARD 3) (7.11)

M. Ali, ext. 2523 / A. Lee, ext. 2414 / K. Ross, ext. 2126

• 1. That the report entitled “Authority to Provide Development Charges (DC) Credit and / or Reimbursement for the Construction of Rougeside Promenade from 100m east of Warden Avenue (west limits of the subdivision) to Verdale Crossing and for the Construction of Multi-Use Pathway (MUP) on Warden Avenue to 1771107 Ontario Inc. (Ward 3)” be received; and,
  2. That Council authorize Development Charge Credits and / or Reimbursements not exceeding $202,509.00 to 1771107 Ontario Inc. (“Times Group”) for the costs associated with the design, contract administration, construction, and maintenance until assumption, for the construction of Rougeside Promenade from 100m east of Warden Avenue to Verdale Crossing; and,
  3. That Council authorize the following reimbursements to 1771107 Ontario Inc. (“Times Group”) related to the design, contract administration, construction, and maintenance until assumption, for the construction of MUP on Warden Avenue west of Block 1 and Block 5, adjacent to the Plan of Subdivision:
     1. Development Charge Credits and/or Reimbursements not exceeding $66,885.00 representing 65% of the costs associated with the construction of MUP on Warden Avenue; and,
     2. Reimbursement not exceeding $18,007.50 from the Community Benefit Charges Reserve representing 17.5% of the costs associated with the construction of the MUP on Warden Avenue; and,
     3. Reimbursement not exceeding $18,007.50 from the Non-DC Growth Reserve representing 17.5% of the costs associated with the construction of the MUP on Warden Avenue; and,
  4. That notwithstanding the above recommendations, that the amount available for credits and/or reimbursements be based on the lesser of the actual cost to construct and the capital cost included in the most current Development Charges Background Study, as indexed from time to time, at the time works are complete and the credits and/or reimbursements are being provided; and,
  5. That the Mayor and Clerk be authorized to execute a Development Charge Credit and / or Reimbursement Agreement, if required, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with 1771107 Ontario Inc. or their successors in title to the satisfaction of the Treasurer and the City Solicitor, or their respective delegates; and,
  6. That all of the above credits and/or reimbursements shall exclude HST and interest and shall be indexed in accordance with the City’s Development Charge Credit & Reimbursement Policy; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

AWARD OF TENDER 223-T-23 BACKSTOP AND OUTFIELD FENCE REPLACEMENT (7.12)

R. Fournier, ext. 2120 / R. Patano, ext. 2290

Report is now attached.

• 1. That the report entitled “Award of Tender 223-T-23 Backstop and Outfield Fence Replacement” be received; and,
  2. That staff be authorized to award a contract to Anthony Furlano Construction Inc., the lowest priced bidder, in the total amount of $394,775.88 inclusive of HST; and,
  3. That a contingency in the amount of $19,738.79 (5%) inclusive of HST, be established to cover any additional project costs, be approved, and that authorization be granted to approve expenditures of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,
  4. That the award and contingency in the total amount of $414,514.67 be funded from capital project 23217 Outfield and Backstop Fence Improvement, GL account 0059-6150-23217-005, which has an available budget of $331,000; and,
  5. That the shortfall of $83,514.67 be funded from City Non-DC Capital Contingency; and,
  6. That this report be received by Council on December 13, 2023; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4

RECOMMENDATION REPORT – DESIGNATION OF PRIORITY PROPERTIES – PHASE V (16.11)

E. Manning, ext. 2296

Report is now attached.

• 1. That the Staff report, dated December 12, 2023, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase V”, be received; and,
  2. 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:
     • 3056 Elgin Mills Road East (Ward 2): “Thomas Read House”; and,
     • 3575 Elgin Mills Road East (Ward 2): “Lyon-Schell-Frisby House”; and,
     • 6731 Fourteenth Avenue (Ward 7): “Patton-Sewell House”; and,
     • 11274 Highway 48 (Ward 6): “Christian Hoover House”; and,
     • 7882 Highway 7 East (Ward 5): “Martin Hoover House”; and,
     • 7831 Highway 7 East (Ward 5): “Alec Armstrong House”; and,
     • 11248 Kennedy Road (Ward 6): “Melville Church”; and,
     • 11137 McCowan Road (Ward 6): “Alexander Lee House”; and,
     • 4822 Nineteenth Avenue (Ward 6): “Samuel Kendrick House”; and,
     • 6084 Nineteenth Avenue (Ward 5): “Grove Cottage”; and,
     • 11120 Highway 48 (Ward 6): “Henry Wideman House”; and,
     • 10737 Victoria Square Blvd (Ward 2): “Savage-Schell-Dennie House”; and,
  3. That Council state its intention to designate 3056 Elgin Mills Road East (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  4. That Council state its intention to designate 3575 Elgin Mills Road East (Ward 2) 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 6731 Fourteenth Avenue (Ward 7) 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 11274 Highway 48 (Ward 6) 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 7882 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 7831 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 11248 Kennedy Road (Ward 6) 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 11137 McCowan 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 4822 Nineteenth Avenue (Ward 6) 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 6084 Nineteenth Avenue (Ward 5) 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 11120 Highway 48 (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  14. That Council state its intention to designate 10737 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  15. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
  16. 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,
  17. 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,
  18. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

REGULAR REPORTS - DEVELOPMENT AND POLICY MATTERS

9.1

RECOMMENDATION REPORT, HILTON MARKHAM SUITES HOTEL LIMITED, AT 8500 WARDEN AVENUE, PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT HIGH DENSITY RESIDENTIAL MIXED-USE DEVELOPMENT CONSISTING OF FIVE NEW BUILDINGS 

AND A PUBLIC PARK LOCATED AT THE SOUTHWEST CORNER OF WARDEN AVENUE AND HIGHWAY 7, MUNICIPALLY KNOWN AS 8500 WARDEN AVENUE, IN MARKHAM CENTRE (WARD 8) FILE PLAN 20 128653 (10.3, 10.5)

D. Schlosser, ext. 2159

• 1. That the report titled, “RECOMMENDATION REPORT, Proposed Official Plan and Zoning By-law Amendment applications to permit high density residential mixed-use development consisting of five new buildings and a public park located at the southwest corner of Warden Avenue and Highway 7, municipally known as 8500 Warden Avenue, in Markham Centre (Ward 8)”, be received; and,
  2. That the Official Plan Amendment application submitted by Hilton Markham Suites Hotel Limited, be approved and that the draft Official Plan Amendment, attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be adopted without further notice; and,
  3. That the Zoning By-law Amendment application submitted by Hilton Markham Suites Hotel Limited, be approved and that the draft Zoning By-law Amendment, attached hereto as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  4. That Council assign servicing allocation for a maximum of 3,049 dwelling units; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.2

RECOMMENDATION REPORT, GREEN CITY CORNELL DEVELOPMENT GROUP INC., OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT TWO 13-STOREY RETIREMENT HOME AND/OR APARTMENT BUILDINGS WITH AT-GRADE NON-RESIDENTIAL USES, 

A MIX OF TOWNHOUSES, AND PUBLIC PARKETTES, AT THE SOUTHEAST CORNER OF BUR OAK AVENUE AND CHURCH STREET (WARD 5) FILE PLAN 23 139197 (10.3, 10.5)

C. Tsang, ext. 2624

• 1. That the December 12, 2023, report titled, “RECOMMENATION REPORT, Green City Cornell Development Group Inc., Official Plan and Zoning By-law Amendment Applications to permit two 13-storey retirement homes and/or apartment buildings with at-grade non-residential uses, a mix of townhouses, and public parkettes, at the southeast corner of Bur Oak Avenue and Church Street (Ward 5) File PLAN 23 139197”, be received; and,
  2. That the Official Plan Amendment application submitted by Green City Cornell Development Group Inc., be approved and the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought to a future Council meeting for adoption without further notice; and,
  3. That the Zoning By-law Amendment application submitted by Green City Cornell Development Group Inc., as modified by City staff, be approved and the draft site-specific Zoning By-law Amendment, attached as Appendix ‘B’, be finalized and brought to a future Council meeting for enactment without further notice; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.3

COMMENTS ON YORK REGION'S DRAFT REGIONAL PLANNING TRANSITION PLAN (10.0)

L. D' Souza, ext. 2180 / P. English, ext. 2206

• 1. That the report and presentation dated December 12, 2023 entitled “Comments on York Region’s Draft Regional Planning Transition Plan” be received; and,
  2. That Council endorse the following Staff recommendations:
     1. That York Region continue its forecasting work in a supportive role to assist local municipalities in preparing local forecasts and the forecasts approved by local Council be used to inform Regional master and capital plans and phasing; and,
     2. That additional support to interpret and administer the York Region Official Plan be an optional service that could be provided by York Region given that Markham will be responsible for making decisions regarding conformity; and,
     3. That York Region comments on Official Plan Amendments be focused to matters where the Region has authority (i.e., servicing, regional transportation systems, assisted and affordable housing, etc.); and,
     4. That York Region’s role as a commenting agency should also include providing support on City-led initiatives and studies related to matters where York Region has authority (e.g., local transportation and servicing master plans, housing strategies, etc.); and,
     5. That a memorandum of understanding between York Region and Markham be prepared to confirm the Regional services to be provided by York Region; and,
  3. That York Region provide additional detail and clarification on the matters identified in Appendix ‘B’; and,
  4. That this report be forwarded to York Region as the City of Markham’s Comments on the Draft Regional Planning Transition Plan; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.4

RECOMMENDATION REPORT, TH (WARDEN) DEVELOPMENTS (BT) INC., AT 10506 AND 10508 WARDEN AVENUE, FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT TOWNHOUSES, STACKED TOWNHOUSES, AND MIXED USE MULTI-STOREY UNITS,

A 2 HA DUAL USE PARK/STORMWATER MANAGEMENT BLOCK; AND A SECONDARY SCHOOL BLOCK (WARD 2), FILE NO. PLAN 22 265291 (10.3, 10.5)

H. Miller, ext. 2945

• 1. That the report titled, “RECOMMENDATION REPORT for Official Plan and Zoning By-law Amendment applications TH (Warden) Developments (BT) Inc., at 10506 and 10508 Warden Avenue to permit townhouses, stacked townhouses, and mixed use multi-storey units, a 2 ha dual use park/stormwater management block; and a secondary school block (Ward 2), File No. PLAN 22 265291”, be received; and,
  2. That the Official Plan Amendment application submitted by TH (Warden) Developments (BT) Inc., to amend the Official Plan, be endorsed in principle by Council, and that the draft Official Plan Amendment 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 submitted by TH (Warden) Developments (BT) Inc. to amend Zoning By-law 304-87, as amended, be endorsed in principle by Council and that the draft Zoning By-law be finalized and brought forward to a future Council meeting to be enacted without further notice; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

10.

MOTIONS

10.1

REIMAGINE THE STOUFFVILLE GO TRANSIT CORRIDOR LINE  (10.0)

Note: Notice of this motion was given to Development Services Committee at its meeting held on November 28, 2023. The motion is attached. 

11.

NOTICES OF MOTION

12.

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".

13.

ANNOUNCEMENTS

14.

CONFIDENTIAL ITEMS

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

14.1

DEVELOPMENT AND POLICY MATTERS

14.1.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - OCTOBER 31, NOVEMBER 14, AND NOVEMBER 27, 2023 (10.0) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

14.1.2

ONTARIO LAND TRIBUNAL APPEAL, DRC (MARKHAM) INC. C/O HOLBORN GROUP, AT 8127-8149 YONGE STREET (WARD 1) FILE NO. PLAN 22 253004 (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)] 

15.

ADJOURNMENT