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

Meeting Number 4

Monday, February 07, 2022 at 9:30 A.m. - 1:00 P.m.

Live streamed

Please bring this Development Services Committee Agenda to the Council meeting on February 23, 2022.

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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 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.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

SPECIAL DEVELOPMENT SERVICES COMMITTEE MINUTES - JANUARY 24, 2022 (10.0)

• 1. That the minutes of the Special Development Services Committee Meeting held on January 24, 2022, be confirmed.

4.

DEPUTATIONS

5.

COMMUNICATIONS

5.1

COMMUNICATIONS - JOHN STREET MULTI-USE PATH IMPLEMENTATION STRATEGY (WARDS 1 & 8) (10.0)

Note: Please refer to Item #10.1 for report.

• 1. That the communication submitted by Peter Miasek, on behalf of the Cycling and Pedestrian Advisory Committee Chairs, providing comments regarding the above subject matter be received.

5.2

COMMUNICATIONS - DISSOLVE ONTARIO LAND TRIBUNAL (OLT) (13.2)

Note: Please refer to Item #11.1 for motion.

• 1. That the communications submitted by the following individuals providing comments regarding the above subject matter be received:
     • Todd Patterson
     • Margaret MacKenzie

6.

PETITIONS

7.

CONSENT REPORTS - DEVELOPMENT AND POLICY ISSUES

7.1

MEMORANDUM RULAND PROPERTIES INC. REQUEST FOR THE ASSIGNMENT OF ADDITIONAL SERVICING ALLOCATION FOR MIXED-USE HIGH-RISE DEVELOPMENT LOCATED EAST OF BIRCHMOUNT ROAD IN THE FUTURE SOUTH-WEST CORNER OF VERDALE CROSSING AND ANDRE DE GRASSE STREET AT

8119 BIRCHMOUNT ROAD (HS2, SC 18 180694) (WARD 3) (10.0)

M. Leung, ext. 2392

• 1. That the memorandum titled “MEMORANDUM, Ruland Properties Inc. (The Remington Group), Request for hold removal and assignment of additional servicing allocation for a mixed-use high-rise development located east of Birchmount Road, in the future south-west corner of Verdale Crossing and Andre De Grasse Street at 8119 Birchmount Road, File Nos: HOLD 19 180694, SC 16 116738 (HS1) and SC 18 180694 (HS2) (Ward 3)” be received; and,
  2. That the application submitted by Ruland Properties Inc. (The Remington Group) to remove the hold provision (HOLD 19 180694) be approved and the draft Hold Removal By-law attached hereto as Appendix A be enacted without further notice; and,
  3. That servicing allocation assigned to Phase 1, HS1 (SC 16 116738) be increased from 620 dwelling units to 759 dwelling units; and,
  4. That servicing allocation assigned to Phase 2, HS2 (SC 18 180694) be increased from 454 dwelling units to 506 dwelling units; and,
  5. That the City reserves the right to revoke or reallocate servicing allocation should the proposed development not proceed in a timely manner; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.2

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES - JANUARY 31, 2022 (10.0)

• 1. That the minutes of the Development Services Public Meeting held on January 31, 2022, be confirmed.

7.3

MINUTES OF THE NOVEMBER 26, 2021 MILLIKEN SUB-COMMITTEE (16.0)

• 1. That the minutes of the November 26, 2021 Milliken Sub-Committee Meeting be received for information purposes.

7.4

MINUTES OF THE DECEMBER 8, 2021 HERITAGE MARKHAM COMMITTEE (16.11)

• 1. That the minutes of the December 8, 2021 Heritage Markham Committee Meeting be received for information purposes.

8.

PRESENTATIONS - DEVELOPMENT AND POLICY ISSUES

8.1

STRATEGY TO ADDRESS CULTURAL HERITAGE RESOURCES IN THE NORTH DISTRICT EMPLOYMENT LANDS (10.0)

R. Hutcheson, ext. 2080

Note: Dan Currie, Partner, and Nicholas P. Bogaert, Associate, MHBC Planning, Urban Design & Landscape Architecture will be in attendance to deliver a presentation.

• 1. That the presentation by MHBC on the "Strategy to Address Cultural Heritage Resources in the North District Employment Lands", be received; and,
  2. That the matter be referred to the Heritage Markham Committee to obtain feedback on the recommended strategy.

9.

REGULAR REPORTS - DEVELOPMENT AND POLICY ISSUES

9.1

PRELIMINARY REPORT 10616389 CANADA LIMITED AND WEYCLIFFE INTERNATIONAL DEVELOPMENT INC. APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 76 TOWNHOUSE UNITS AT 7810, 7822, 7834, AND 7846 MCCOWAN ROAD (WARD 8)

FILE NO.: PLAN 21 129900 (10.5, 10.7)

S. Bordone, ext. 8230

• 1. That the report titled “PRELIMINARY REPORT, 10616389 Canada Limited and Weycliffe International Development Inc., Applications for Draft Plan of Subdivision and Zoning By-law Amendment to permit 76 townhouse units at 7810, 7822, 7834, and 7846 McCowan Road (Ward 8), File No. PLAN 21 129900”, be received.

9.2

PRELIMINARY REPORT KENNETH VOPNI & ANDREA CONLON C/O GREGORY DESIGN GROUP (SHANE GREGORY) ZONING BY-LAW AMENDMENT 36 WASHINGTON STREET (WARD 4) TO PERMIT THE SEVERANCE OF THE LAND TO CREATE A NEW BUILDING LOT AND THE CONSTRUCTION OF A NEW DETACHED

INFILL DWELLING FILE NO.: PLAN 21 127477 (10.5)

P. Wokral, ext. 7955

• 1. That the report titled “PRELIMINARY REPORT, Kenneth Vopni & Andrea Conlon c/o Gregory Design Group (Shane Gregory), Zoning By-law Amendment, 36 Washington Street (Ward 4) to permit the Severance of the Land to create a new Building Lot, and the Construction of a new Detached Infill Dwelling”, dated February 7, 2022, be received.

9.3

RECOMMENDATION REPORT MINOTAR HOLDINGS INC. AND HAL-VAN 5.5 INVESTMENTS LTD. APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT APPROXIMATELY 840 DWELLING UNITS (760 GROUND RELATED AND 80 IN A MIXED-USE BLOCK) ON

PART OF LOTS 23 AND 24, CONCESSION 6 (EAST SIDE OF KENNEDY ROAD NORTH OF MAJOR MACKENZIE DRIVE) (WARD 6) FILE NO.: PLAN 20 133038 (10.5, 10.7)

D. Brutto, ext. 2468

• 1. That the staff report dated February 7, 2022 titled “Recommendation Report, Minotar Holdings Inc. and Hal-Van 5.5 Investments Ltd., Applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit approximately 823 dwelling units (756 ground related and 67 in a mixed-use block) on Part of Lots 23 and 24, Concession 6 (East side of Kennedy Road north of Major Mackenzie Drive) (Ward 6), File No.: PLAN 20 133038,” 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 Minotar Holdings Inc. and Hal-Van 5.5 Investments 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-20010 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-20010 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 756 units be assigned to Draft Plan of Subdivision 19TM-20010; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.

REGULAR REPORTS - TRANSPORTATION AND INFRASTRUCTURE ISSUES

10.1

JOHN STREET MULTI-USE PATH IMPLEMENTATION STRATEGY (WARDS 1 & 8) (10.0)

L Cheah, ext. 4838 / Alain Cachola, ext. 2711 / F. Clarizio, ext. 7507

• 1. That the report entitled “ Revised John Street Multi-Use Path Implementation Strategy (Wards 1 & 8)” be received; and,
  2. That Council endorse the revised implementation strategy for the John Street Multi-Use Path project and the revised scope for the project as outlined in Attachment “B”; and,
  3. That Council direct staff to issue the construction tender and delegate authority to the Chief Administrative Officer to award the construction contract for the implementation of the revised John Street Multi-Use Path project; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

11.

MOTIONS

11.1

DISSOLVE ONTARIO LAND TRIBUNAL (OLT) (13.2)

Note: The original notice of this motion was given to Development Services Committee at its meeting held on February 2, 2022.

• Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and, 

  Whereas an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of our community”; and,

  Whereas our Official Plan includes zoning provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and,

  Whereas our Official Plan is ultimately approved by the province; and, 

  Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the City of Markham Official Plan; and,

  Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the City of Markham Official Plan; and 

  Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of the City of Markham; and, 

  Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans and Provincial Planning Policy; and,

  Whereas Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; and,

  Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile OLT hearings; and,

  Whereas lengthy, costly OLT hearings act as a barrier to the development of all housing and commercial properties.

  1. Now Therefore Be It Resolved That the City of Markham requests the Government of Ontario to instruct the OLT to immediately cease accepting new cases and then dissolve the OLT once its current caseload has been addressed, thereby eliminating one of the most significant sources of red tape delaying the development of housing in Ontario; and,
  2. Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and,
  3. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

12.

NOTICES OF MOTION

13.

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".

14.

ANNOUNCEMENTS

15.

ADJOURNMENT