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

Meeting Number 26
-
Live streamed

Please bring this  Development Services Committee Agenda to the Council meeting on December 14,  2021.


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 current treaty holders 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.

    1. That the minutes of the Development Services Committee meeting held November 22, 2021, be confirmed. 

Note: Please refer to Item #8.1 for staff report.

  • That the following communications providing comments on the above subject matter be received for information purposes:

    1. Stuart Cumner
    2. Frank Vignando
    3. Philip Ling
    1. That the minutes of the Development Services Public Meeting held November 16, 2021, be confirmed.

C. Storto, ext. 4737

    1. That the report titled “OLT Appeal of Heritage Permit Application for a Fence, 3 Victoria Lane, Unionville (Ward 3)” dated November 9, 2020 be received; and,
    2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

M. Wouters, ext. 2909

    1. That the report entitled “Information Report: Implications of the October 21, 2021 Regional Council Decision regarding a Preferred Growth Scenario to 2051 and Opportunity for Further Input” dated December 6, 2021 be received; and,
    2. That staff be authorized and directed to do all things necessary to give effect to this resolution.

     

MARKLAND STREET, FILE NO. PLAN 21 111003 (WARD 2) (10.5)


H. Miller, ext. 2945

    1. That the report dated December 6th, titled “PRELIMINARY REPORT, Markland Residential Corporation, Applications for Official Plan and Zoning By-law Amendments to permit 95 townhouse units and a 25 storey mixed use building at Markland Street, File No. PLAN 21 111003 (Ward 2)”, be received.

14 RIVER BEND ROAD (TWO NEW LOTS) AND 15 RIVER BEND ROAD (FOUR NEW LOTS) (WARD 3) FILE NOS. PLAN 21 130958, PLAN 21 130969, PLAN 21 130977 (10.5)


J. Mott, ext. 2444

    1. That the report dated December 6, 2021, titled "PRELIMINARY REPORT, Three Applications for Zoning By-law Amendment to facilitate the future severances and the creation of new lots with site-specific zoning provisions by Regency Property Inc. (Reego Xue) at 4 Sabiston Drive (two new lots), 14 River Bend Road (two new lots), and 15 River Bend Road (four new lots) (Ward 3), File Nos. PLAN 21 130958, PLAN 21 130969, PLAN 21 130977, Ward 3, be received.

E. Manning, ext. 2296

    1. That the report dated December 6, 2021, titled “Recommendation Report, Heritage Permit Application, 4450 Highway 7 East, Unionville, Exterior Painting File: HE 21 140321, Ward 3”, be received; and,
    2. That the painting of the original brick surface is not supported and the Heritage Permit application be denied; and,
    3. That the paint be removed from the brick surface; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

C. Yeung, ext. 2532

    1. That the report dated December 6, 2021 and titled “RECOMMENDATION REPORT, Applications for Zoning By-law Amendment and Draft Plan of Subdivision submitted by 2697415 Ontario Inc. to permit a 2-storey multi-unit industrial building at 5560 14th Avenue (Ward 7), File No. PLAN 20 116893”, be received; and,
    2. That the record of the Public Meeting held on October 5, 2021 respecting the Zoning By-law Amendment and Draft Plan of Subdivision submitted by 2697415 Ontario Inc. to permit a 2-storey multi-unit industrial building at 5560 14th Avenue (Ward 7), be received; and,
    3. That the Zoning By-law Amendment application (PLAN 20 116893) submitted by 2697415 Ontario Inc.to permit a 2-storey multi-unit industrial building at 5560 14th Avenue (Ward 7) be approved and enacted by Council at a later date, without further notice, once the by-law has been finalized; and,
    4. That the Draft Plan of Subdivision 19TM-21008 (PLAN20 116893) be approved, subject to Council’s approval of the Zoning Bylaw Amendment (PLAN 20 116893) and 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” of this report 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-21008 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 in accordance with the provision of subsection 45 (1.4) of the Planning Act R.S.O. 1990, c P13, as amended, the Owner shall through this Resolution, be permitted to apply to the Committee of Adjustment for variances from the provisions of Zoning By-law 177-96, before the second anniversary of the day on which the by-law was approved by Council; and further,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

APPROXIMATELY 2,305 GROUND ORIENTED DWELLING UNITS, FUTURE MIXED USE AND RESIDENTIAL DEVELOPMENT BLOCKS, PARKS, SCHOOLS, STORMWATER MANAGEMENT FACILITIES, OPEN SPACE, GREENWAY PROTECTION AND THE SUPPORTING ROAD NETWORK ON THE SUBJECT LANDS KNOWN MUNICIPALLY AS 4551 ELGIN MILLS ROAD EAST, 10225-10227 KENNEDY ROAD, AND 4638 MAJOR MACKENZIE DRIVE EAST (WARD 6) (10.5, 10.7)


D. Brutto, ext. 2468

    1. That the staff report dated December 6, 2021 titled “Recommendation Report, 4551 Elgin Mills Developments Ltd., Major Kennedy Developments Ltd., and Major Kennedy South Developments Ltd., Applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit a residential subdivision including mixed use multi-storey development blocks at 4551 Elgin Mills Road East, 10225 – 10227 Kennedy Road and 4638 Major Mackenzie Drive East (Ward 6), File No.: PLAN 20 113780,” 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 4551 Elgin Mills Developments Ltd., Major Kennedy Developments Ltd., and Major Kennedy South Developments Ltd. to amend Zoning By-law 304-87, 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-20002 be approved in principle, subject to the conditions set out in Appendix ‘B’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to staff’s satisfaction; 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-20002 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 2,084 units be assigned to Draft Plan of Subdivision 19TM-20002; and further,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

C. Kakaflikas, ext. 6590 & M. Wouters, ext. 2909


Note: Joe Berridge, Partner, Urban Strategies, will be in attendance to deliver a presentation.

    1. That the Report dated November 22, 2021 entitled “The Markham Innovation District (MiX) Next Steps” be received; and,
    2. That Council approve the terms of reference for the Consultant work necessary to initiate the development of the MiX; and,
    3. That the award of the contract for the Lead Consultant be awarded to Urban Strategies Inc. in the amount of $136,000.00 inclusive of HST impact; and,
    4. That the tendering process for the Lead Consultant be waived in accordance with the City’s Purchasing By-law # 2017-8, Part II, Section 11.1(c), Non Competitive Procurement which states, “when the extension of an existing Contract would prove more cost-effective or beneficial”; and,
    5. That Staff undertake a formal procurement process for the various sub-consultants (Development Model, Servicing Study, and Market Guidance Study) as per the Purchasing Bylaw # 2017-8 with the awards not to exceed $285,000.00; and,
    6. That the cost for the Lead Consultant and Sub-Consultant in the amount of $421,000.00 ($136,000.00 + $285,000.00) be funded from the Markham Innovation Exchange budget account 610-101-5699-20290 with a budget available of $460,000.000; and,
    7. That the remaining balance in the amount of $39,000.00 ($460,000.00 - $421,000.00) remain in the account until completion of the project; and further,
    8. That Staff be directed to do all things necessary to give effect to this resolution.

10.

Note: The original notice of this motion was given to Development Services Committee at its meeting held on April 19, 2021. The motion has since been revised.


CONTEXT AND HISTORY

  1. Whereas the Province of Ontario initiated an Environment Assessment process in 2007 for the planning and construction of the proposed Highway 413; and,
  2. Whereas the final recommendation of the Stage 1 Provincial Environmental Assessment (2012) was to first put in place the transportation system management components, rapid transit, freight rail improvements and expansion of existing highways prior to construction of a new expressway; and,
  3. Whereas the Stage 2 Environmental Assessment (new expressway) undertaken by the previous provincial government was shelved because of strong objections by an Expert Panel in the fields of rural development, renewable cities, agriculture, environment, and efficient transportation who sounded alarms over predicted irreversible ecological harm caused by the uncontrolled, low density urban sprawl enabled by the Corridor; and,
  4. Whereas the current Provincial Government revived the $6+ billion Highway 413 proposal in 2018, saying it could relieve congestion issues in the fast-growing Toronto suburbs and boost Ontario’s economy; and,
  5. Whereas concerned citizens of Markham and a significant number of reputable organizations have demanded cancellation of the Highway 413 project, including: Environmental Defense, the David Suzuki Foundation, the Federation of Urban Neighborhoods, Gravel Watch, Halton Environmental Network, National Farmers’ Union-Ontario, Rescue Lake Simcoe Coalition, Sustainable Vaughan, Concerned Citizens of King Township (CCKT), Transport Action Ontario, Greenbelt Council, the Wilderness Committee and Sustainable Mississauga; as well as formal opposition of Councils from the municipalities of Halton Hills, Caledon, Orangeville, Vaughan, Brampton, Mississauga, King and the City of Toronto; and,
  6. Whereas the Federal Government has decided to conduct an Impact Assessment study for the proposed Highway 413; and,

AGRICULTURE

  1. Whereas Ontario farming and food processing together employ one million persons and generate over $35 billion economic benefits annually: and,
  2. Whereas the Greater Golden Horseshoe is the third largest agricultural producer in North America after California and Chicago; and,
  3. Whereas the Province of Ontario is proposing to develop the Highway 413 by razing 809 hectares of pristine farmlands, some of which are Class A and Class B farmlands and many of which will immediately cease to be farmed and other lands which over time will be developed for non-agricultural uses; and,
  4. Whereas the Minister of Agriculture, Food and Rural Affairs has not completed an Agricultural Impact Assessment for the proposed Highway 413; and,

NATURAL ENVIRONMENT

  1. Whereas the proposed Highway 413 will cut across 85 waterways, and destroy protected Greenbelt lands including 7 entire woodlots, 220 important wetlands and valley land features, 10 different species-at-risk and hundreds of acres of vulnerable wildlife habitat; and,
  2. Whereas the Greenbelt Plan’s permission for new infrastructure which negatively impacts key natural heritage features, key hydrologic features or key hydrologic areas requires determination that there is “no reasonable alternative” and that this has not been established through a planning process; and,
  3. Whereas the Toronto and Region Conservation Authority (TRCA), which is the regulatory authority for developments in flood plains, wetlands, and valley lands, has also raised concerns about the potential impact of the proposed Highway 413 as well as the streamlined Environmental Assessment process; and,

GREENHOUSE GASES

  1. Whereas the City of Markham has taken reasonable measures to mitigate against climate change to reduce greenhouse gas emissions (GHGs); and,
  2. Whereas responding to the climate emergency requires immediate re-evaluation of all transportation plans as GHGs from transportation is the highest single source of emissions; and,
  3. Whereas the Province must take immediate measures to decrease GHGs through alternatives such as increasing public transit, including the necessary local public transit networks, to enable broad access to the higher order transit including high-speed electric trains; and,

INDUCED DEMAND AND ROAD ALTERNATIVES

  1. Whereas the Highway 407 was created as a truck by-pass in order to relieve congestion on Highway 401, but the Highway 407 was tolled, thereby limiting the amount of relief provided by the Highway 407; and,
  2. Whereas it is well known that, as new road capacity (lane-km) is constructed, traffic demand grows to fill this capacity by the phenomenon known as “induced demand”, resulting in roads that are as congested as they were prior to the expansion of the road; and,
  3. Whereas several reasonable highway network management alternatives to the proposed Highway 413 exist and were recommended by the Expert Panel, including possible subsidies or congestion pricing that would shift truck traffic to the under-utilized Highway 407; and,

TRANSIT ALTERNATIVES AND TRANSIT ORIENTED COMMUNITIES

  1. Whereas the proposed Highway 413 will allocate limited Provincial funds to the movement of vehicular traffic instead of much needed transit investments for complete transit-oriented communities; and,
  2. Whereas transit investments and good land use planning decisions are vital to creating complete transit-oriented communities which are economically vibrant, where people and goods are moved seamlessly, and where multiple modes of transportation support the community including a focus on active transportation; and,
  3. Whereas the proposed Highway 413 will lead to greater demand for development with more than 13,350 hectares of Whitebelt lands in the Greater Golden Horseshoe (Caledon and Vaughan) being impacted, leading to greater urban sprawl and development that is not supportive of transit investment; and,
  4. Whereas analysis has shown (https://ontario.transportaction.ca) that investment in various unfunded rapid transit projects, including GO Transit, 407 Transitway and LRT/BRT projects which can move 4-10 times the number of people as the proposed Highway 413, for the same invested dollars; and,
  5. Whereas the 407 Transitway has been planned for decades but has no approved funding for its construction; and,
  6. Whereas the City of Markham has consistently supported development of the transit-oriented communities,’ to support long term inter-regional transportation solutions and to enhance integration of our existing communities and supported rail integrated communities along both the GO Transit rail lines and the 407 rail transitway; and,
  7. Whereas Uncontrolled urban growth threatens these resources and is widely seen to embed unsustainable infrastructure maintenance costs, deepen traffic congestion problems, increase transportation-related emissions of greenhouse gases and smog precursors, and reinforce social divisions; and,
  8. Whereas planning and infrastructure decisions affect the shape of communities for decades, even centuries to come; and,
  9. Whereas Transit Oriented Communities (TOC) positively contribute toward a more environmentally friendly and economically sustainable communities, reduce the reliance on car-dependent trips for all members of the community, therefore reducing Vehicle Kilometers Travelled (VKT) and reducing the high costs of auto ownership thus contributing to achieving affordable housing outcomes; and,
  10. Whereas strategic land-use planning requires public policy that communicates TOCs as integral to a community’s long-term vision with supportive official plan and zoning provisions that facilitate density and mixed land use; and,

NOW THEREFORE, BE IT RESOLVED:

  1. That the Council of the City of Markham does not support the proposed Highway 413 at this time; and,
  2. That the Council of the City of Markham continues to support an integrated GTHA rail transit network which includes high speed rapid rail transit running beside the Highway 407 (407 Transitway); and,
  3. That the Council of the City of Markham fully supports a complete Federal Environmental Impact Study pursuant to s.9(1) of the Impact Assessment Act (I.A.A.), prior to any advancement of the proposed Highway 413 project; and,
  4. That the Council of the City of Markham requests that the Province undertake an economic evaluation and time travel analysis of Highway 407 versus the proposed Highway 413 including the potential for congestion and non-peak hour pricing or other highway management alternatives; and,
  5. That if the proposed Highway 413 does not proceed, that the funding allocated for the proposed Highway 413 should be redirected to provide for rapid transit in the Regions of York and Peel such as investment in the 407 Transitway, improved GO service on the Kitchener and Milton lines, a new GO transit line to Bolton; and,
  6. That the Council of the City of Markham recommends that the Province undertake a comprehensive economic benefits analysis of the potential for TOCs along the 407 Transitway, GO Rail Transit Network and new LRT/BRT lines versus the cost of urban sprawl triggered by the proposed Highway 413; and,
  7. That the Province undertake an integrated review of the Provincial Growth Plan for the Greater Golden Horseshoe and the Metrolinx Regional Transportation Plan to develop a sustainable communities strategy to provide consistent and comprehensive policies for achieving affordable housing near TOC stations including policies to achieve the Province’s goal of 50 percent of all new housing over the next 30 years being within 800-1,000 metres of rapid rail transit station or high frequency (15 minutes or less, peak hour) bus transit; and,
  8. That the Province must also update its affordable housing program to recognize the relationship between housing affordability and transit including the positive role of housing near rail transit TOC stations to improve the operational efficiency of the Provincial investment in mass rail transit; and,
  9. That Ontarians need serious, transparent, and accountable infrastructure planning processes, based on clear and consistent rules designed to advance the environmental, social, and economic sustainability of their communities; and,
  10. That a copy of this resolution be provided to the Regions of York, Peel and Halton, the Cities of Richmond Hill, Vaughan, Brampton, Mississauga, Toronto and the Towns of Milton, Caledon, and Halton Hills; and further,
  11. That this Resolution be forwarded to:
    1. HON. DOUG FORD, PREMIER OF ONTARIO;
    2. HON. PETER BETHLENFALVY, MINISTER OF FINANCE;
    3. HON. CAROLINE MULRONEY, MINISTER OF TRANSPORTATION;
    4. HON. KINGA SURMAN, MINISTER OF INFRASTRUCTURE AND TRANSIT-ORIENTED COMMUNITIES;
    5. HON. DAVID PICCINI, MINISTER OF ENVIRONMENT AND CLIMATE CHANGE;
    6. HON. STAN CHO, ASSOCIATE MINISTER OF TRANSPORTATION (GTA);
    7. HON. STEVE CLARK, MINISTER OF MUNICIPAL AFFAIRS AND HOUSING;
    8. HON. LISA THOMPSON, MINISTER OF THE AGRICULTURE, FOOD AND RURAL AFFAIRS;
    9. HON. VICTOR FEDELI, MINISTER OF ECONOMIC DEVELOPMENT, JOB CREATION AND TRADE;
    10. ANDREA HORWATH, LEADER OF THE OFFICIAL OPPOSITION & ONTARIO NDP PARTY; 
    11. STEVEN DEL DUCA, LEADER OF THE ONTARIO LIBERAL PARTY;
    12. ALL MEMBERS OF FEDERAL PARLIAMENT IN THE REGIONAL MUNICIPALITY OF YORK AND PEEL;
    13. ALL MEMBERS OF PROVINCIAL PARLIAMENT IN THE REGIONAL MUNICIPALITY OF YORK AND PEEL;
    14. ALL MEMBERS OF REGIONAL COUNCIL IN THE REGIONAL MUNICIPALITY OF YORK AND PEEL;
    15. ALL CITY CLERKS IN THE REGIONAL MUNICIPALITIES OF YORK AND PEEL;
    16. RT HON. JUSTIN TRUDEAU, PRIME MINISTER OF CANADA;
    17. HON. CHRYSTIA FREELAND, FEDERAL MINISTER OF FINANCE;
    18. HON OMAR ALGHABRA, FEDERAL MINISTER OF TRANSPORT;
    19. HON MARIE CLAUDE BIBEAU, MINISTER OF AGRICULTURE AND AGR-FOOD;
    20. HON. MELANIE JOLY, FEDERAL MINISTER OF ECONOMIC DEVELOPMENT;
    21. HON. DOMINIC LEBLANC, FEDERAL MINISTER OF INFRASTRUCTURE AND COMMUNITIES;
    22. HON. JONATHAN WILKINSON, FEDERAL MINISTER OF NATURAL RESOURCES;
    23. HON. STEVEN GUILBEAULT, FEDERAL MINISTER OF ENVIRONMENT AND CLIMATE CHANGE;
    24. WAYNE EMMERSON, CHAIRMAN AND CEO, YORK REGION;
    25. JOHN MACKENZIE, CEO, TORONTO AND REGION CONSERVATION AUTHORITY; 
    26. PHIL VERSTER, PRESIDENT AND CEO, METROLINX;
  • 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".

  • 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 ISSUES
 

14.1.1
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (WARD 4) [Section 239 (2) (e)] ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE INCLUDING COMMUNICATIONS
 

NECESSARY FOR THAT PURPOSE; [Section 239 (2) (f)]

REQUEST FOR DIRECTION REGARDING 11 AND 15 GRANDVIEW BOULEVARD (WARD 4) OLT APPEAL

14.1.2
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2)(e)] ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS 
 

NECESSARY FOR THAT PURPOSE (WARD 3) [Section 239 (2)(f)]

REQUEST FOR DIRECTION REGARDING 3 VICTORIA LANE OLT APPEAL

14.1.3
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (WARD 4) [Section 239 (2) (e)] ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE INCLUDING COMMUNICATIONS
 

NECESSARY FOR THAT PURPOSE; [Section 239 (2) (f)]

REQUEST FOR DIRECTION REGARDING 7 TOWN CRIER LANE OLT APPEAL

No Item Selected