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

Meeting Number 13

Monday, July 13, 2020 at 9:30 A.m. - 1:00 P.m.

Live streamed

​Please bring this Development Services Committee Agenda to the Council meeting on July 14, 2020.

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1.

CALL TO ORDER

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

DEVELOPMENT SERVICES COMMITTEE MINUTES – JUNE 22, 2020 AND JUNE 29, 2020 (10.0)

• 1. ​That the minutes of the Development Services Committee meetings held June 22, 2020 and June 29, 2020, be confirmed.

3.2

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES JUNE 11, 2020 AND JUNE 16, 2020 (10.0)

• 1. ​That the minutes of the Development Services Public meetings held June 11, 2020 and June 16, 2020, be confirmed.

4.

DEPUTATIONS

5.

COMMUNICATIONS

6.

PETITIONS

7.

CONSENT REPORTS - DEVELOPMENT AND POLICY ISSUES

7.1

IMPROVING THE STATE OF INFILL HOUSING: A WORK PLAN (10.13)

C. Bird, ext. 4716

• 1. That the Development Services Committee receive this report titled “Improving the State of Infill Housing: A Work Plan” for information;
  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;
  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.
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution

8.

REGULAR REPORTS - DEVELOPMENT AND POLICY ISSUES

8.1

HERITAGE MARKHAM COMMITTEE MINUTES – JUNE 10, 2020 (16.11)

• Note: Committee has the option to endorse, amend, refer to staff or receive for information the following recommendation from the June 10, 2020 Heritage Markham Committee meeting:

  “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.”

  1. That the minutes of the Heritage Markham Committee meeting held June 10, 2020, be received for information purposes.

8.2

ADVISORY COMMITTEE ON ACCESSIBILITY MINUTES –JUNE 29, 2020 (16.0)

• Note: Committee has the option to endorse, amend, refer to staff or receive for information the following recommendation from the June 29, 2020 Advisory Committee on Accessibility meeting:

  “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.”

  1. That the minutes of the June 29, 2020 Advisory Committee on Accessibility meeting be received for information purposes.

8.3

TEMPORARY USE ZONING BY-LAW 1938540 ONTARIO LTD., 9286 KENNEDY ROAD FILE NO. PLAN 19 256209 (WARD 6) (10.5)

R. Cefaratti, ext. 3675 & H. Miller, ext. 2945

• 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 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.

8.4

MONITORING GROWTH IN THE CITY OF MARKHAM - PERFORMANCE INDICATORS (10.0)

C. Law, ext.3685

Note: John Yeh, Manager of Strategy and Innovation will provide a presentation on this matter.

• 1. That the staff report entitled, “Monitoring Growth in the City of Markham - Performance Indicators” dated July 13, 2020, be received; and,
  2. And that staff be authorized and directed to do all things necessary to give effect to this resolution.

8.5

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 (10.0)

L. da Silva, ext. 3115

• 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.

8.6

RECOMMENDATION REPORT ONE PIECE 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) FILE NOS:  PLAN 19 142690 AND SC 15 119946 (10.3, 10.5 and 10.7)

S. Bordone, ext. 8230

Note: On May 11th Development Services Committee meeting referred consideration of this matter to the Mayor, Deputy Mayor, local Ward Councillor, and Char and Vice-Chair of Development Services Committee for further discussion with the applicant. The discussions have taken place.

The recommendation from the May 11th, 2020 Development Services meeting is being placed on this agenda for your consideration.

• 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 Official Plan Amendment application (PLAN 19 142690) submitted by OnePiece Ideal (MS) Developments Inc., be approved and the draft Official Plan Amendment, attached 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 (PLAN 19 142690) submitted by OnePiece Ideal (MS) Developments Inc., be approved and the draft Zoning By-law Amendment, attached as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  4. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, as amended, the Owner shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance, if necessary, from the provisions of the accompanying Zoning By-law, except for building height increase, before the second anniversary of the day on which the by-law was approved by Council; and,
  5. That the application for Site Plan Approval (SC 15 119946) submitted by OnePiece Ideal (MS) Developments Inc. be endorsed, in principle, subject to the conditions attached in Appendix ‘C’; and,
  6. That site plan approval be delegated to the Director of Planning and Urban Design or his designate and not to be issued prior to execution of a Site Plan Agreement; and,
  7. That Council grant servicing allocation for the 362 units on the Phase 1 (westerly) parcel; and,
  8. That the City reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner; and,
  9. That this endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a Site Plan Agreement is not executed within that period; and further,
  10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.7

CITY OF MARKHAM COMMENTS ON YORK REGION’S DRAFT MTSAS FOR INCLUSION IN THE REGIONAL OFFICIAL PLAN – SUPPLEMENTARY INFORMATION (10.0)

D. Lyons, ext. 2459

Note: On June 22, 2020 Development Services Committee requested that staff bring forward further information on the matters raised to the meeting this date.

• 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.

8.8

DESIGN AND FINANCING OF PRELIMINARY FILL IMPORT AND GRADING WORKS AT BLODWEN DAVIES PARK (6.3 & 7.0)

R. Fournier, ext. 2120

• 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.

8.9

RESULTS OF THE PUBLIC CONSULTATION SURVEY REGARDING THE PLAY STRUCTURE IN WISMER PERCY REESOR PARKETTE (6.3) 

R. Fournier, ext. 2120

• 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 play structure in the Wismer Percy Reesor Parkette be retained at its current location based on the results of the public consultation survey; and,
  3. 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,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

REGULAR REPORTS - TRANSPORTATION AND INFRASTRUCTURE ISSUES

9.1

ROUGE VALLEY TRAIL PHASE 4A (MARKHAM ROAD TO TUCLOR LANE) – CHANGE OF SCOPE (WARD 4) (5.0)

D. Tafesse, ext. 2034

• 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 & 14^th 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;

9.2

DEVELOPMENT CHARGE REIMBURSEMENT APPLICATION (DENISON STREET STRUCTURE) & CULVERT INFRASTRUCTURE WORKS (7.11 & 5.0)

A. Cachola, ext. 2711 & K. Ross, ext. 2126

• 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.

10.

MOTIONS

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

14.1

DEVELOPMENT AND POLICY ISSUES

14.1.1

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

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) 

15.

ADJOURNMENT