Revised Special Council Agenda

Revised Items are Italicized.

Meeting #:	Meeting Number: 14
Date:	Friday, July 26, 2019 at 11:00 A.m. - 4:30 P.m.
Location:	Council Chamber

​Alternate formats for this document are available upon request.

Council meetings are live video and audio streamed on the City's website.

Note: As per Section 7.1(h) of the Council Procedural By-Law, Council will take a ten minute recess after two hours have passed since the last break.​

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1.

CALL TO ORDER

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

DEPUTATIONS

4.

UPDATE ON BILL 108, MORE HOMES, MORE CHOICE ACT, 2019

4.1

CITY OF MARKHAM COMMENTS ON CERTAIN PROPOSED REGULATIONS UNDER THE PLANNING ACT AND LOCAL PLANNING APPEAL TRIBUNAL ACT RELATED TO BILL 108, MORE HOMES, MORE CHOICE ACT, 2019 (10.0)

• 1. That the report entitled “City of Markham Comments on Certain Proposed Regulations Under the Planning Act and Local Planning Appeal Tribunal Act related to Bill 108, More Homes, More Choice Act, 2019”, dated July 26, 2019, be received; and,

      

  2. That this report, with recommendations from the City of Markham on certain proposed regulations to the Planning Act and the Local Planning Appeal Tribunal Act related to Bill 108, More Homes, More Choice Act, 2019, (Environmental Registry of Ontario Proposal No. 019-00181 and Proposal No. 19-MAG007) be forwarded to the Minister of Municipal Affairs and Housing, and York Region; and,

      

  3. That the proposed transition rules under the Local Planning Appeal Tribunal Act, 2017 apply to Planning Act appeals where the Tribunal has not provided written notice that an appeal is valid, and that appeals which have received a Notice of Validation proceed under the Bill 139 requirements; and,

      

  4. That the Province maintain the ability to appeal a community planning permit system implementing by-law from Ontario Regulation 173/16 “Community Planning Permits” when the Minister issues an order to require a local municipality to adopt or establish a system; and,

      

  5. That the City of Markham supports the proposed Regulations pertaining to additional residential units as long as they do not preclude the ability of the City to restrict through the zoning by-law where additional units are permitted, in accordance with the Regulations; and further,

      

  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

4.2

CITY OF MARKHAM COMMENTS ON PROPOSED REGULATIONS - DEVELOPMENT CHARGES ACT, 1997 AND COMMUNITY BENEFITS CHARGE AUTHORITY (10.0)

• 1. That the report entitled, "City of Markham Comments on Proposed Regulations - Development Charges Act, 1997 and Community Benefits Charge Authority" be received; and,

      

  2. That this report, with the recommendations from the City of Markham on the proposed regulations to the Development Charges Act, 1997 and the Community Benefits Authority, be forwarded to the Minister of Municipal Affairs and Housing and to York Region; and,

      

  3. That the City of Markham supports the Province’s intent to ensure that the implementation of the Community Benefits Charge will result in municipalities like the City of Markham remaining revenue neutral; and,

      

  4. That the City of Markham supports the Province’s efforts to bring more affordable housing to our communities; and,

      

  5. That the City of Markham supports the implementation timeline of January 1, 2021 to transition to the Community Benefits Authority; and,

      

  6. That municipalities be allowed to register a priority lien on the tax roll of properties with mandatory development charge deferrals to protect the municipality against losses in the event of bankruptcy or land ownership changes; and,

      

  7. That municipalities be allowed to use additional tools, other than a priority lien, to ensure that mandatory development charge deferrals are secured in a manner that protects municipal interests; and,

      

  8. That the Commercial Development subject to payments in equal installments under Section 26.1 of the Development Charges Act, 1997 should not include retail development; and,

      

  9. That Section 26.2 of the Development Charges Act, 1997 regarding when development charges are to be determined/frozen specify that for zoning by-law amendment applications, that the date that an application is deemed complete pursuant to section 34(10.4) of the Planning Act be the date upon which development charges are determined and, further that a provision be made for municipalities to determine what constitutes acceptance of a site plan application for the purposes of determining development charges; and,

      

  10. That any major revisions to an application require a recalculation of the applicable development charges from the date the major revision is accepted by the municipality, or the date such revision is deemed major by the municipality; and,

       

  11. That the City of Markham supports the Minister’s proposal not to establish a maximum interest rate to be applied during the deferral and freeze of development charges; and,

       

  12. That the proposed regulations related to secondary dwelling units in new residential buildings should be clarified to indicate that a secondary dwelling unit is subordinate to, or accessory to, a main residential building in order to be identifiably differentiated from other residential development such as multi-unit buildings (e.g. multi-plexes, stacked townhouses); and,

       

  13. That the City of Markham supports the community benefits reporting requirements as proposed; and,

       

  14. That the City of Markham supports the parkland reporting requirements as proposed; and,

       

  15. That the City of Markham support the proposed list of developments included in the community benefits exemptions, to the extent that they are applicable to non-profit developments only; and,

       

  16. That the Province add a fixed component to the Community Benefits Charge formula to account for the costs of building growth-related infrastructure; and,

       

  17. That if the Community Benefits Charge cap is solely linked to a percentage of land value, that the percentage for low density development be a minimum of 20% of land value in order to maintain revenue neutrality for the City of Markham; and,

       

  18. That if the Community Benefits Charge cap is solely linked to a percentage of land value, that the percentage for high density development be a minimum of 85% of land value, with the percentage increasing as intensification increases in order to maintain revenue neutrality for the City of Markham; and,

       

  19. That the proposed range of the Community Benefits Charge cap be based on building type (low density vs high density) and geographic location within Ontario; and,

       

  20. That the proposed process for land appraisals will add additional costs to the administrative process that should be recoverable through a fee; and,

       

  21. That the City of Markham supports the proposed list of services to be excluded from the Community Benefits Charge; and,

       

  22. That municipalities be granted authority to levy a Community Benefits Charge in a Community Planning Permit area, which should not be subject to any proposed cap; and,

       

  23. That where the Minister designates an area subject to a Community Planning Permit System, the municipality may be allowed to enter into cost-sharing agreements with multiple landowners to provide community services to those areas; and further,

       

  24. That staff be authorized and directed to do all things necessary to give effect to this resolution.

5.

CONFIRMATORY BY-LAW

5.1

BY-LAW 2019-84 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF JULY 26, 2019

• That By-law 2019-84 be given three readings and enacted.

  Three Readings

  BY-LAW 2019-84 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF JULY 26, 2019

6.

NEW BUSINESS - CONFIDENTIAL ITEMS

• That a confidential item be placed on the July 26, 2019 Special Council meeting agenda for consideration.

• That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a confidential session at 4:03 p.m. to discuss the following matters:

6.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (6.7) [Section 239 (2) (b)]

7.

ADJOURNMENT

• 1. That the Special Council meeting be adjourned at 4:07 PM.