Electronic Development Services Committee Meeting
Revised Agenda
Revised Items are Italicized.

Meeting Number 15

Tuesday, June 22, 2021 at 9:30 A.m. - 3:00 P.m.

Live streamed

Note: Due to COVID-19, our facilities are closed to the public. Access is not permitted to the Markham Civic Centre and Council Chamber.

Members of the public can participate by:
1. VIEWING THE ONLINE LIVESTREAM
Development Services Committee meetings are video and audio streamed at: https://pub-markham.escribemeetings.com/
2. EMAILING A WRITTEN SUBMISSION:
Members of the public may submit written deputations by email to [email protected].

Written submissions must be received by 5:00 p.m. the day before the meeting*
*If the deadline for written submission has passed, you may:
a. Email your written submission directly to Members of Council; or
b. Make a virtual deputation at the meeting by completing and submitting an online Request to Speak Form
*If the deadline for written submission has passed and Council has finished debate on the item at the meeting, you may email your written submission directly to Members of Council.
3. REQUEST TO SPEAK / VIRTUAL DEPUTATION :
Members of the public who wish to make a live virtual deputation, please register prior to the start of the meeting by:
1. Completing an online Request to Speak Form , or,
2. E-mail [email protected] providing full name, contact information and item they wish to speak, or,
3. If you do not have access to email, contact the Clerk's office at 905-479-7760 on the day of the meeting.
*If Committee has finished debate at the meeting on the item, you may email your written submission directly to Members of Council. The list of Members of Council is available online at this link.

​Alternate formats for this document are available upon request.

Closed captioning during the video stream may be turned on by clicking the [cc] icon located at the lower right corner of the video screen.

Please bring this Development Services Committee Agenda to the Council meeting on June 29, 2021.

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1.

CALL TO ORDER

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

DEPUTATIONS

4.

COMMUNICATIONS

5.

PETITIONS

6.

CONSENT REPORTS - DEVELOPMENT AND POLICY ISSUES

6.1

PROVINCIAL CONSULTATION ON REGULATIONS UNDER THE CONSERVATION AUTHORITIES ACT (10.0)

P. Wong, ext. 6922

• 1. That the report entitled “Provincial Consultation on Regulations under the Conservation Authorities Act” dated June 22, 2021 be received; and,
  2. That the report be forwarded to the Ministry of the Environment, Conservation and Parks and the Toronto and Region Conservation Authority as City of Markham comments on the consultation on the proposed Conservation Authorities Act regulations (ERO #019-2986); and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

6.2

INTENTION TO DESIGNATE A PROPERTY UNDER PART IV OF THE ONTARIO HERITAGE ACT, THOMAS FRISBY JR. HOUSE, 3151 ELGIN MILLS ROAD, WARD 2 (16.11.3)

R. Hutcheson, ext. 2080

• 1. That the report entitled “intention to Designate a Property under Part IV of the Ontario Heritage Act, Thomas Frisby Jr. House, 3151 Elgin Mills Road, Ward 2”, dated June 22, 2021, be received;
  2. That as recommended by Heritage Markham, and required as a condition of development approval, the Thomas Frisby Jr. House – 3151 Elgin Mills Road be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;
  3. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to ate as per the requirements of the Ontario Heritage Act;
  4. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;
  5. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board;
  6. That if the designation is referred to the Conservation Review Board, Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Board in support of Council’s decision to designate the property; and
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

6.3

REVISION TO LEGAL DESCRIPTION OF HERITAGE DESIGNATION BY-LAWS, 9064 WOODBINE AVE AND 5933 FOURTEENTH AVE (16.11.3)

E. Manning, ext. 2296

• 1. That the memo titled “Revision to Legal Description of Heritage Designation By-laws, 9064 Woodbine Ave and 5933 Fourteenth Ave”, dated June 22, 2021, be received.

7.

REGULAR REPORTS - DEVELOPMENT AND POLICY ISSUES

7.1

RECOMMENDATION REPORT SCARDRED 7 COMPANY LIMITED APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 20 SINGLE DETACHED DWELLINGS ON THE NORTHERN PORTION OF 4038 HIGHWAY 7 (WARD 3) FILE NOS. SU/ZA 18 180309 (10.7, 10.5)

S. Bordone, ext. 8230

Note: On June 21, 2021 Development Services Committee deferred the above subject matter to the meeting this date.

• 1. That the staff report dated June 21, 2021, titled “Recommendation Report, Scardred 7 Company Limited, Applications for Draft Plan of Subdivision and Zoning By-law Amendment to permit 20 single detached dwellings on the northern portion of 4038 Highway 7 (Ward 3), File Nos. SU/ZA 18 180309”, be received; and,
  2. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owner shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and,
  3. That the applications submitted by Scardred 7 Company Limited to amend Zoning By-law 118-79, as amended, be approved and the draft Zoning By-law, attached hereto as Appendix A, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  4. That Draft Plan of Subdivision 19TM-18011 be approved, subject to the conditions set out in Appendix B of this report; and,
  5. That the Director of Planning and Urban Design or his designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix B, as may be amended by the Director of Planning and Urban Design or his designate; and,
  6. That Draft Plan Approval for Plan of Subdivision 19TM-18011 will lapse after a period of three (3) years from the date of issuance in the event that a Subdivision Agreement is not executed within that period; and,
  7. That servicing allocation for 20 units be assigned to Draft Plan of Subdivision 19TM-18011; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.2

RECOMMENDATION REPORT APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT BY 1212763 ONTARIO LTD. TO FACILITATE APPROXIMATELY 371 GROUND-RELATED DWELLING UNITS ON PART OF LOTS 22 AND 23, CONCESSION 4, BERCZY GLEN COMMUNITY

(WARD 2) FILE NO.: PLAN 19 142694 (10.7, 10.5)

D. Brutto, ext. 2468

Note: On June 21, 2021 Development Services Committee deferred the above subject matter to the meeting this date.

• 1. THAT the staff report dated June 21, 2021 titled “RECOMMENDATION REPORT, Applications for a Draft Plan of Subdivision and Zoning By-law Amendment by 1212763 Ontario Ltd. to facilitate approximately 371 ground-related dwelling units on Part of Lots 22 and 23, Concession 4, Berczy Glen Community (Ward 2),” be received; and,
  2. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and,
  3. That the application submitted by 1212763 Ontario Ltd. to amend Zoning By-law 304-87, as amended, be approved and the draft by-law attached as Appendix ‘A’ be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  4. That Draft Plan of Subdivision 19TM-19005 be approved, subject to the conditions set out in Appendix ‘B’ of this report; and,
  5. That the Director of Planning and Urban Design or his designate, be delegated authority to issue draft plan approval, subject to the conditions set out in Appendix ‘B’, as may be amended by the Director of Planning and Urban Design or his designate; and,
  6. That draft plan approval for Draft Plan of Subdivision 19TM-19005 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,
  7. That servicing allocation for 378.5 units be assigned to Draft Plan of Subdivision 19TM-19005; and,
  8. That the Mayor and Clerk be authorized to execute a Construction Agreement with the Trustee of Berczy Glen Landowners Group Inc. or its successors in title for the construction of the bridge over Street ‘A” (the “South Bridge”) and new external sanitary sewers and, upgrades to the existing downstream sanitary sewer system that eventually connects to the York-Durham Sanitary Sewer on 16th Avenue (the “East Sanitary Upgrades”) upon terms to the satisfaction of the Director of Engineering and the City Solicitor, or their respective designates; and,
  9. That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $8,000,000.00 to the Trustee of Berczy Glen Landowners Group Inc. for the design, contract administration, and construction costs associated with the construction of the South Bridge for the southerly east-west collector road (Street ‘A’) in the Berczy Glen Community; and further,
  10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3

HOUSING CHOICES: MARKHAM’S AFFORDABLE AND RENTAL HOUSING STRATEGY (10.0)

E. Irvine, ext. 2094

Note: Darryl Lyons, Manager, Policy, Policy & Research and Emily Irvine, Special Projects Coordinator, Policy & Research will be in attendance to provide a presentation on this matter.

• 1. That the report and presentation dated June 22, 2021 entitled "Housing Choices: Markham’s Affordable and Rental Housing Strategy" be received; and,
  2. That “Housing Choices: Markham’s Affordable and Rental Housing Strategy” attached as Appendix A to the report dated June 22, 2021 entitled "Housing Choices: Markham’s Affordable and Rental Housing Strategy" be adopted; and,
  3. That staff be directed to address the York Region February 25, 2021 Council resolution requesting lower tier municipalities to support, in principle, the provision of two acres of land by each municipality, either directly or through partnership for affordable housing over the next five years through implementation of Action 10 of Housing Choices: Markham’s Affordable and Rental Housing Strategy and report back to Development Services Committee; and,
  4. That staff be directed to assess the York Region February 25, 2021 Council resolution requesting lower tier municipalities amend their parkland dedication by-law to exempt Housing York Inc. from being required to pay parkland fees through implementation of Action 14 in Housing Choices: Markham’s Affordable and Rental Housing Strategy and report back to Development Services Committee; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.4

NOTICE OF INTENTION TO DEMOLISH – SINGLE DETACHED DWELLING 32 JOSEPH STREET, MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT, WARD 4 (16.11)

E. Manning, ext. 2296

• 1. That the report entitled “Notice of Intention to Demolish, 32 Joseph Street, Markham Village Heritage Conservation District, Ward 4” dated June 22, 2021, be received; and,
  2. That the recommendation from Heritage Markham Committee on June 9, 2021 in support of retaining the existing single detached dwelling at 32 Joseph Street be received as information; and,
  3. That Council supports the proposed demolition of the existing single detached dwelling and associated garage at 32 Joseph Street located within the Markham Village Heritage Conservation District; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.5

RECOMMENDATION REPORT OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS SUBMITTED BOXGROVE COMMERCIAL EAST INC. C/O SMARTCENTRES REIT TO PERMIT A COMMERCIAL SELF-STORAGE WAREHOUSE FACILITY AT 500 COPPER CREEK DRIVE

(WARD 7) FILE PLAN 20 120313 (10.3, 10.5)

S. Muradali, ext. 2008

• 1. That the report dated June 22nd, 2021 and titled “RECOMMENDATION REPORT, Official Plan and Zoning By-law Amendment Applications submitted by Boxgrove Commercial East Inc. c/o SmartCentres REIT to permit a commercial self-storage warehouse facility at 500 Copper Creek Drive (Ward 7)”, be received; and,
  2. That the Official Plan Amendment Application (PLN 20120313) submitted by Boxgrove Commercial East c/o SmartCentres REIT to allow a commercial self-storage warehouse facility at 500 Copper Creek Drive be approved by Council at a later date; once a satisfactory site plan application has been submitted and reviewed; and,
  3. That the Zoning By-law Amendment application (PLN 20 134853) submitted by Boxgrove Commercial East Inc. c/o Smart Centre REIT to permit a commercial self-storage warehouse facility at 500 Copper Creek Drive be approved and enacted by Council at a later date; once a satisfactory site plan application has been submitted and reviewed; and further,
  4. That Staff be authorized to do all things necessary to give effect to this resolution.

   

8.

MOTIONS

9.

NOTICES OF MOTION

10.

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".

10.1

PRESENTATION - SMALL BUSINESS PROPERTY SUBCLASS UPDATE (7.0)

S. Manson. ext. 7514

Note: Materials will be provided at the meeting.

11.

ANNOUNCEMENTS

12.

CONFIDENTIAL ITEMS

12.1

DEVELOPMENT AND POLICY ISSUES

12.1.1

DEVELOPMENT SERVICES COMMITTEE CONFIDENTIAL MINUTES – MARCH 30, 2021 AND MAY 25, 2021 [Section 239 (2) (e) (c) (f) (f)] (10.0)

12.1.2

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; ARYEH CONSTRUCTION LIMITED OLT APPEAL (8.0) [SECTION 239 (2) (f)]

UPDATE REGARDING 8293 AND 8303 WARDEN AVENUE – ARYEH CONSTRUCTION LIMITED OLT APPEAL

12.1.3

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; 10-20 FINCHAM AVENUE OLT APPEAL (8.0) [SECTION 239 (2) (f)]

13.

ADJOURNMENT