Electronic Development Services Committee Meeting Minutes

Meeting Number 13
-
Live streamed
Roll Call
  • Mayor Frank Scarpitti
  • Deputy Mayor Don Hamilton
  • Regional Councillor Jack Heath
  • Regional Councillor Joe Li
  • Regional Councillor Jim Jones
  • Councillor Keith Irish
  • Councillor Alan Ho
  • Councillor Reid McAlpine
  • Councillor Karen Rea
  • Councillor Andrew Keyes
  • Councillor Amanda Collucci
  • Councillor Khalid Usman
  • Councillor Isa Lee
Staff
  • Andy Taylor, Chief Administrative Officer
  • Arvin Prasad, Commissioner, Development Services
  • Claudia Storto, City Solicitor and Director of Human Resources
  • Chris Bird, Director, Building Standards
  • Biju Karumanchery, Director, Planning & Urban Design
  • Brian Lee, Director, Engineering
  • Ron Blake, Senior Development Manager, Planning & Urban Design
  • Ronji Borooah, City Architect
  • Bryan Frois, Chief of Staff
  • Regan Hutcheson, Manager, Heritage
  • Mona Nazif, Senior Manager, HR Client Services
  • Francesco Santaguida, Assistant City Solicitor
  • Marg Wouters, Senior Manager, Policy & Research
  • John Yeh, Manager, Strategy & Innovation
  • Scott Chapman, Election & Council/Committee Coordinator
  • Hristina Giantsopoulos, Elections & Council/Committee Coordinator

Alternate formats for this document are available upon request


In consideration of the ongoing provincial state of emergency surrounding the 2019 Novel Coronavirus (COVID-19) and emergency public health orders issued by the Government of Ontario, this meeting was conducted electronically to maintain physical distancing among participants.

The Development Services Committee meeting convened at the hour of 9:32 AM with Regional Councillor Jim Jones presiding as Chair.

Development Services Committee recessed at 11:55 AM and reconvened at 12:48 PM.

Councillor Khalid Usman arrived at 9:45 AM.
Regional Councillor Jack Heath left the meeting at 1:38 PM.
Councillor Karen Rea left the meeting at 2:40 PM.

  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Isa Lee
    1. ​That the minutes of the Development Services Committee meetings held June 22, 2020 and June 29, 2020, be confirmed.
    Carried
  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Isa Lee
    1. ​That the minutes of the Development Services Public meetings held June 11, 2020 and June 16, 2020, be confirmed.
    Carried

Deputations were made for the following item:

8.9 - Results of the Public Consultation Survey Regarding the Play Structure in Wismer Percy Reesor Parkette

Refer to the individual item for the deputation details.

There were no communications.

There were no petitions.

There was discussion regarding the existing powers accorded to municipalities for controlling infill development. There was also discussion regarding mechanisms for ensuring accountability and recovering costs associated with inspections required for repeat violations.

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Reid McAlpine
    1. That the Development Services Committee receive this report titled “Improving the State of Infill Housing: A Work Plan” for information; and,
    2. That the Chief Building Official, in consultation with all relevant departments work towards the development of a strategy to minimize the adverse effects of infill construction on existing residential neighbourhoods and that a report recommending such strategy be brought back to a future Development Services Committee meeting by the end of 2020; and,
    3. That the Chief Building Official in consultation with the City Solicitor evaluate the need for a new Demolition Control By-law as provided for in s. 33 of the Planning Act and report back to the Development Services Committee; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

It was suggested that the questions asked of prospective incoming members of the Heritage Markham Committee be reviewed with input from the designated Heritage staff person and Council representative.

  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Karen Rea
    1. That the minutes of the Heritage Markham Committee meeting held June 10, 2020, be received for information purposes; and,
    2. That the following resolution from the June 10, 2020 Heritage Markham Committee meeting minutes be endorsed:

    “That Heritage Markham Committee recommend to Council that the Appointment Committee for Heritage Markham Committee appointments be comprised of the Mayor and Regional Councillor, a minimum of one Heritage Markham Councillor, and a Heritage Planner.”

    Carried

There was discussion regarding the potential source of the grant funds requested for the recommended accessibility upgrades. It was suggested that the City consider developing a policy for addressing similar grant requests that may be proposed by local community groups in the future.

  • Moved byCouncillor Isa Lee
    Seconded byRegional Councillor Jack Heath
    1. That the minutes of the June 29, 2020 Advisory Committee on Accessibility meeting be received for information purposes; and,
    2. That the following resolution from the June 29, 2020 Advisory Committee on Accessibility meeting minutes be endorsed:

    “That the Advisory Committee on Accessibility support the City in providing a letter of endorsement to the Markham Fair to receive a grant on making their entrance doors more accessible; and,

    That a representative from the Markham Fair come to a future Advisory Committee on Accessibility meeting to speak to the Committee about its other accessibility concerns.”

    Carried

Ron Blake, Senior Development Manager, introduced and provided members of Committee with an overview of the staff report. 

Lauren Capilongo, Malone Given Parsons, consultant to the applicant, addressed the Committee and provided members with additional background for the application. Ms. Capilongo requested that the Committee endorse the temporary use zoning by-law for a period of three years from the date of passage to provide the applicant with sufficient time to proceed through a zoning by-law amendment, site plan, and building permit application process for the planned redevelopment of the property.

There was discussion regarding the status of the existing heritage dwelling on the subject property and the timetable for the applicant's long-term redevelopment plans. The applicant's consultant advised of ongoing discussions with York Region regarding the planned widening of Kennedy Road which have impacted the applicant's timetable to-date.

  • Moved byMayor Frank Scarpitti
    Seconded byCouncillor Keith Irish
    1. That the memorandum entitled “Temporary Use Zoning By-law 1938540 Ontario Ltd., 9286 Kennedy Road File No. PLAN 19 256209 (Ward 6)”, dated July 13, 2020 be received;
    2. That the attached Zoning By-law to permit the continued use of an existing portable classroom for a period of three years commencing on the date of passage on the 1938540 Ontario Ltd. lands at 9286 Kennedy Road, be approved; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Arvin Prasad, Commissioner, Development Services, introduced and provided members of Committee with an overview of the staff report.

John Yeh, Manager, Strategy & Innovation, delivered a presentation on indicators monitoring growth and development in Markham through the City's Official Plan policy objectives and targets, including population and employment growth, residential intensification, regional centre density, new housing supply and affordability, and increasing mobility options for Markham residents. Next steps in the continued monitoring and application of the indicators were identified, including expanding to other thematic areas of the Official Plan and reviewing and updating the indicators as required.

The Committee discussed the following relative to the staff report and presentation:

  • Potential factors contributing to declining population growth and affordable new ownership housing units in Markham, including regional market forces, speculation driving prices, and supply and availability of housing;
  • Shortage of higher-order mobility options in east Markham;
  • Strategies for achieving objectives in population and employment growth relative to forecasts; and, 
  • Leveraging Official Plan performance indicators to inform secondary plan studies currently in progress.
  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Isa Lee
    1. That the staff report entitled, “Monitoring Growth in the City of Markham - Performance Indicators” dated July 13, 2020, be received; and,
    2. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Arvin Prasad, Commissioner, Development Services, introduced and provided members of Committee with an overview of the staff report.

Marg Wouters, Senior Manager, Policy & Research, delivered a presentation on Proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 and the proposed Land Needs Assessment Methodology released by the Province of Ontario for consultation with municipalities. Staff comments and recommendations to the Province were outlined.

The Committee discussed the following relative to the staff report:

  • Existing policies in the Growth Plan for addressing employment conversion requests between municipal comprehensive reviews;
  • Availability of analyses outlining all variables impacting housing prices to inform future policy decisions for accommodating growth; 
  • Potential impacts to employment lands within designated Major Transit Station Areas resulting from the introduction of residential uses; and,
  • Potential impacts to appropriate phasing of urban boundary expansions resulting from extension of the Growth Plan planning horizon to 2051.
  • Moved byCouncillor Reid McAlpine
    Seconded byCouncillor Andrew Keyes
    1. That the report entitled, “City of Markham Comments on Proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, and Proposed Land Needs Assessment Methodology”, dated July 13, 2020, be received; and,
    2. That this report be forwarded to the Ministry of Municipal Affairs and Housing, and York Region, as the City of Markham’s comments on proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 and proposed Land Needs Assessment Methodology; and,
    3. That the Province reconsider the extension of the Growth Plan forecasts to 2051 or provide municipalities with the ability to carefully phase urban boundary expansions to ensure that development happens in a comprehensive, logical manner; and,
    4. That the Province be advised that in order to maintain the integrity of the Growth Plan as a comprehensive framework for sustainable growth management, the City does not support the proposed changes to policies 2.2.1 and 5.1.4 which would allow the use of higher growth forecasts than those contained in Growth Plan Schedule 3; and,
    5. That the Province be advised that the City does not support the proposed changes to policy 2.2.5.10 c) that would allow the conversion of employment lands in a Provincially Significant Employment Zone located within a Major Transit Station Area until the next Municipal Comprehensive Review; and,
    6. That the Province clarify that employment area conversions that can be undertaken “until the next Municipal Comprehensive Review” includes a Municipal Comprehensive Review (MCR) that is in-process (e.g. York Region’s 2041 MCR). An alternate solution is to include a specific date for when the policy is no longer operative such as the date of conformity for upper- and single-tier municipalities (July 1, 2022); and,
    7. That the Province provide specific guidance and support to municipalities regarding required engagement with indigenous communities; and,
    8. That the City work with the Province and the Region to improve coordination of development approvals and identify tools and strategies to support the provision of affordable housing, through measures such as:
      1. expand inclusionary zoning to apply more broadly throughout the municipality; and
      2. clarify or revise the Community Benefit Charge framework so it that it does not apply to ‘affordable units’ but continues to apply to ‘market units’ within a proposed development that is subject to inclusionary zoning; and further,
    9. That staff be authorized and directed to do all things necessary to give effect to the resolution.
    Carried

RESIDENTIAL MIXED-USE BUILDING WITH A TOTAL OF 362 UNITS ON THE PHASE 1 (WESTERLY) PARCEL OF 28 MAIN STREET (WARD 3) FILE NOS:  PLAN 19 142690 AND SC 15 119946 (10.3, 10.5 and 10.7)

Arvin Prasad, Commissioner, Development Services, introduced the staff report and recommendation previously considered by Development Services Committee on May 11, 2020.

Adam Layton, Evans Planning, consultant to the applicant, delivered a presentation on the development proposal submitted by the applicant, providing members of Committee with an overview of the site context, Phase 1 conceptual site plan, and conceptual renderings and streetscapes.

There was discussion regarding the design proposed by the applicant and potential alternatives that may be considered. 

  • Moved byMayor Frank Scarpitti
    Seconded byCouncillor Reid McAlpine
    1. That the report dated May 11, 2020 titled “RECOMMENDATION REPORT, OnePiece Ideal (MS) Developments Inc., Applications for Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 47-storey, residential mixed-use building with a total of 362 units on the Phase 1 (westerly) parcel of 28 Main Street (Ward 3)”, be received; and,
    2. That the applications submitted by OnePiece Ideal (MS) Developments Inc. for Official Plan Amendment (PLAN 19 142690), Zoning By-law Amendment (PLAN 19 142690), and Site Plan Approval (SC 15 119946) to permit a 47-storey, residential mixed-use building with a total of 362 units on the Phase 1 (westerly) parcel of 28 Main Street (Ward 3)”, not be approved.
    Carried

Arvin Prasad, Commissioner, Development Services, introduced the staff memorandum prepared in response to matters raised at the June 29, 2020 Development Services Committee meeting in relation to the Draft Major Transit Station Areas proposed by York Region.

Marg Wouters, Senior Manager, Policy & Research, provided members of Committee with an overview of the supplementary information contained in the staff memorandum, outlining staff's comments on the items raised at the June 29, 2020 meeting. 

  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Keith Irish
    1. That the memorandum entitled “City of Markham Comments on York Region’s Draft MTSAs for Inclusion in the Regional Official Plan – Supplementary Information” be received.
    Carried

Biju Karumanchery, Director, Planning & Urban Design, introduced and provided members of Committee with an overview of the staff report.

  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Karen Rea
    1. That the report dated July 13, 2020 to Development Services Committee, titled ‘Design and Financing of Preliminary Fill Import and Grading Works at Blodwen Davies Park’ be received; and,
    2. That Council approve the request by Humbold Properties to finance and be reimbursed for the cost of design and construction of this park identified as Parts 2, 3, 4, 5 Plan 65R-32345 (1.79 ha/ 4.428 ac) up to the total amount of $435,990.72, inclusive of HST subject to the following conditions:
      1. The cost of the fill and grading works in the amount of $396,355.20, inclusive of HST;
      2. A 10% contingency in the amount of $39,635.52, inclusive of HST, to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy;
      3. Be reimbursed based on invoices paid for costs approved by the Manager, Parks and Open Space Development associated with the design and construction for the base park development. No interest on such invoices shall be payable by the City.
      4. Reimbursement terms are as follows:
        1. Humbold Properties may invoice the City for 100% of approved costs provided that:
          1. At least 60 days from the date of publication of Substantial Performance has expired;
          2. Proof of publication has been submitted with the invoice;
          3. No liens have been registered in regard to this contract;
          4. The constructed work has reached Total Completion to the City’s satisfaction;
          5. The Engineering Consultant has issued to the City a Total Completion Certificate; and
    3. That internal capital administration fee in the amount of $39,239.16 be approved for the administration of this project; and,
    4. That a new 2020 Design project be established for the design, construction and internal contract administration of the preliminary fill import and grading works at Blodwen Davies Park for $475,229.88 ($396,355.20 + $39,635.52 + $39,239.16), funded $427,706.89 (90%) from Development Charges Reserve and $47,522.99 (10%) from the Parks Cash-in-Lieu Account; and,
    5. That Humbold Properties not receive any credit towards the parks component of development charges for future development phases of subdivisions within the Upper Greensborough community; and,
    6. That Council authorize the execution of an agreement by the Mayor and Clerk for the construction and reimbursement of the cost of design, construction, and contract administration of this project in a form satisfactory to the Commissioner of Development Services and City Solicitor, or their respective designates; and further,
    7. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Sean Tsao, resident, addressed the Committee and expressed concerns regarding the timing, methodology, and accuracy of the public consultation survey referenced in the staff report. Mr. Tsao made reference to a petition submitted in 2018 by area residents opposition to the current location of the Wismer Percy Reesor Parkette,and requested that Development Services Committee support the removal or relocation of the parkette.

Staff clarified the manner in which the public consultation survey was developed and distributed to area residents, and confirmed the results of the survey indicating support from a majority of respondents for retaining the parkette play structure in its current location. 

Members of Development Services Committee were supportive of staff working to identify opportunities for appropriate and consistent buffering measures, where feasible, in consultation with the adjacent property owners and the Ward Councillor.

  • Moved byCouncillor Amanda Collucci
    Seconded byRegional Councillor Jack Heath
    1. That the report titled “Results of the Public Consultation Survey Regarding the Play Structure in Wismer Percy Reesor Parkette” be received; and,
    2. That the deputation by Sean Tsao be received; and,
    3. That the play structure in the Wismer Percy Reesor Parkette be retained at its current location based on the results of the public consultation survey; and,
    4. That buffering measures such as a wood privacy fence and/or buffer planting be installed, where feasible, in consultation with the adjacent residents and the Ward Councillor, at a maximum cost of $15,000 from funding available in Design project 17227 - Wismer Percy Reesor St. Parkette – Design and Construction; and further,
    5. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

Brian Lee, Director, Engineering, introduced and provided members of Committee with an overview of the staff report.

Staff confirmed that the scope of work will include cleanup of limestone screening displaced from the trail surface and restoration of certain trail plantings damaged by washout. Staff also advised of other sections of the Rouge Valley Trail that have been similarly affected by flooding and storm conditions and may be subject to similar changes in surface material. 

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Reid McAlpine
    1. That the Staff report entitled “Rouge Valley Trail Phase 4A (Markham Road to Tuclor Lane – Change of Scope (Ward 4)”, be received; and
    2. That the change of paving materials be approved to increase long term durability of the trail as outlined in this report; and
    3. That Purchase Order PD 18232 issued to Orin Contractors Corporation, for the construction of Rouge Valley Trail Phase 4A (Markham Road to Tuclor Lane & 14th Avenue to Treeline Crt) be increased by $154,522.56, inclusive of HST, to cover the change of scope for the project; and
    4. That a contingency in the amount of $15,452.26, inclusive of HST be established to cover any additional construction requirements and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and
    5. That the additional Engineering Department Contract Administration Fee in the amount of $10,198.49, be approved to cover the additional effort from Staff to administer the project; and
    6. That the 2018 Engineering Department Capital Account 18049 (Rouge Valley Trail Multi-Use Pathway Phase 4 of 5) be increased by $180,173.31 ($154,522.56 + $15,452.26 + $10,198.49), inclusive of HST, from $1,615,757.00 to $1,795,930.31, and funded from the following sources;
      1. Development Charges (DC) Reserve Fund (65%): $117,112.65
      2. Non-DC Growth Reserve Fund (35%): $63,060.66; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution;

    Carried

Brian Lee, Director, Engineering, introduced and provided members of Committee with an overview of the staff report.

  • Moved byCouncillor Khalid Usman
    Seconded byDeputy Mayor Don Hamilton
    1. That the report entitled “Development Charge Reimbursement Application (Denison Street Structure) & Culvert Infrastructure Works – Village of Fairtree by Forest Bay Homes Ltd. (Ward 7)” be received; and,
    2. That Council authorize City Wide Hard Development Charge DC reimbursement not exceeding $2,278,117, to Forest Bay Homes Ltd. for the construction of the Denison Street Structure and associated infrastructure, external to the plan
      of subdivision, as set out in this report, and all in accordance with the City’s Development Charge Credit and Reimbursement Policy; and,
    3. That Council authorize the Development Charge reimbursement of any completed works to date, subject to the approval of the Director of Engineering and the Treasurer; and,
    4. That the Mayor and Clerk be authorized to execute a Development Charge Reimbursement Agreement, if necessary, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with Forest Bay Homes Ltd., or their successors in title, to the satisfaction of the Treasurer and City Solicitor; and,
    5. That Council authorize a payment not exceeding $1,205,560, to Forest Bay Homes Ltd. for the change in scope associated with the culvert infrastructure work on Denison Street; and,
    6. That the payment for the culvert infrastructure work be funded from the Development Charges Citywide Hard Reserve; and,
    7. That the Mayor and Clerk be authorized to execute an Agreement, with Forest Bay Homes Ltd., or their successors in title, in respect of the City’s payment of the cost of the culvert infrastructure work on Denison Street to the satisfaction of the Treasurer and City Solicitor; and further,
    8. That staff be directed to do all things necessary to give effect to this report.
    Carried

10.

There were no motions.

There were no notices of motion.

Mayor Frank Scarpitti addressed the Committee and provided members with an update on the Government of Ontario's reconsideration of the changes to parkland dedication introduced by Bill 108 as part of the recently-announced COVID-19 Economic Recovery Act, 2020 (or Bill 197). Mayor Scarpitti thanked staff for their support in presenting the City's position on parkland requirements to the Minister of Municipal Affairs and Housing.

It was advised that staff will report back with details on Bill 197 at the August 25, 2020 Council meeting.

There were no announcements.

Development Services Committee did not proceed into confidential session.

14.1
DEVELOPMENT AND POLICY ISSUES
 

14.1.1
DEVELOPMENT SERVICES COMMITTEE CONFIDENTIAL MINUTES - JUNE 29, 2020 (10.0) [Section 239 (2) (f)] 
 

Development Services Committee confirmed the June 29, 2020 confidential minutes during open session.

Moved by Mayor Frank Scarpitti
Seconded by Councillor Khalid Usman

That the minutes of the Development Services Committee confidential meeting held June 29, 2020, be confirmed.

Carried

14.2
TRANSPORTATION AND INFRASTRUCTURE ISSUES
 

14.2.1
INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A PROVINCE OR TERRITORY OR A CROWN AGENCY OF ANY OF THEM; [SECTION 239 (2) (h)]  - YONGE NORTH SUBWAY UPDATE (WARD 1) (5.0) 
 

Development Services Committee consented to withdraw this item from the meeting agenda.

Moved by Councillor Keith Irish
Seconded by Regional Councillor Joe Li

That the confidential report entitled “Information Explicitly Supplied in Confidence to the Municipality or Local Board by Canada, a Province or Territory or a Crown Agency of Any of Them; [Section 239 (2) (h)] – Yonge North Subway Update (Ward 1) (5.0)” be withdrawn from the meeting agenda.

Carried

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Keith Irish

    That the Development Services Committee meeting adjourn at 2:51 PM.

    Carried
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