Development Services Committee Meeting
Revised Agenda
Revised items are identified by an asterisk (*)

Meeting Number: 8

Tuesday, March 21, 2023 at 9:30 A.m. - 3:00 P.m.

Live streamed

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1.

CALL TO ORDER

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - FEBRUARY 28, 2023 (10.0)

• 1. That the minutes of the Development Services Committee meeting held February 28, 2023, be confirmed.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

MEMORANDUM - MARKHAM MUNICIPAL HOUSING PLEDGE (10.0)

• The Committee had before it the following original recommendation:

  1. That the memorandum entitled “Markham Municipal Housing Pledge” be received; and,
  2. That the Markham Municipal Housing Pledge Letter attached as Appendix A be forwarded to the Minster of Municipal Affairs and Housing by March 22, 2023.
• The following resolution was tabled and the Committee consented to vote on each clause separately:

  1. That the memorandum entitled “Markham Municipal Housing Pledge” be received; and,
  2. That Staff be directed to provide an additional appendix to the Markham Municipal Housing Pledge which provides a summary of approved units throughout the City and the secondary plan areas; and,
  3. That the Markham Municipal Housing Pledge Letter be revised to include mention of the “missing middle” relative to the reference of complete communities; and,
  4. That the Markham Municipal Housing Pledge letter be revised to advise that the City can meet their housing target without expansion into the Greenbelt; and,
  5. That the Markham Municipal Housing Pledge letter be revised to include that the Regional, Provincial, and Federal government should be involved in the housing industry to provide rental and social housing; and,
  6. That Staff follow up the Markham Municipal Housing Pledge letter to include an appendix of current applications at various levels of review and approval and commitments from developers at a later date; and,
  7. That the Markham Municipal Housing Pledge Letter attached as Appendix A be forwarded to the Minster of Municipal Affairs and Housing by March 22, 2023.

  There was a motion to defer this matter to confidential.

• (See Item 15.2)

  1. That the Committee defer this matter to confidential session to further discuss this item subject to Municipal Act [Section 239] (k): A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.
• Committee consented to further amend the recommendation as follows:

  1. That the memorandum entitled “Markham Municipal Housing Pledge” be received; and,
  2. That Staff be directed to provide the Province with a summary of approved units throughout the City and the secondary plan areas to supplement the Markham Municipal Housing Pledge; and,
  3. That in light of the Provincial announcement related to the Greenbelt, Staff be directed to bring a communication back to Development Services Committee at a future date; and,
  4. That the Markham Municipal Housing Pledge Letter attached as Appendix A be forwarded to the Minster of Municipal Affairs and Housing by March 22, 2023.

7.

PETITIONS

7.1

PETITION OPPOSING 5871 HIGHWAY 7 EAST, OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT, TO REDEVELOP THE SUBJECT LANDS WITH A 13 STOREY RESIDENTIAL APARTMENT BUILDING WITH 146 UNITS, , TWO LEVELS OF UNDERGROUND PARKING, 

OUTDOOR AMENITY SPACE, AND VEHICLE/PEDESTRIAN ACCESS TO BOTH HWY 7 AND WIGNALL CRES. (WARD 4) FILE NO.: PLAN 22 244910 (10.3, 10.5)

Note: Councillor Karen Rea has submitted a petition signed by residents opposing the proposed development at 5871 Highway 7 East, File Plan No. 22 244910 from the February 27th Development Services Public Meeting.

Please refer to item 4.3 on the February 27th Development Services Public Meeting agenda for staff report.

• 1. That the petition entitled "Petition Opposing 5871 Highway 7 East, Official Plan and Zoning By-Law Amendment, to Redevelop the Subject Lands with a 13 Storey Residential Apartment Building with 146 Units, Two Levels of Underground Parking, Outdoor Amenity Space, and Vehicle/Pedestrian Access to Both Hwy 7 and Wignall Cres. (Ward 4) File No.: Plan 22 244910", be received; and,
  2. That the petition be referred to Staff.

8.

CONSENT REPORTS - DEVELOPMENT AND POLICY MATTERS

8.1

DEVELOPMENT SERVICES PUBLIC MEETING MINUTES – FEBRUARY 27, 2023 (10.0)

• 1. That the minutes of the Development Services Public Meeting held February 27, 2023, be confirmed.

8.2

HERITAGE MARKHAM COMMITTEE MINUTES – FEBRUARY 8, 2023 AND MARCH 8, 2023 (16.11)

• 1. That the minutes of the Heritage Markham Committee meeting held February 8, 2023 and March 8, 2023, be received for information purposes.

8.3

2022 SUMMARY OF REMUNERATION AND EXPENSES FOR COUNCILLORS AND APPOINTEES TO BOARDS (7.0)

• 1. That the report titled “2022 Summary of Remuneration and Expenses for Councillors and Appointees to Boards” be received; and,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4

UNIONVILLE SUB-COMMITTEE MINUTES - FEBRUARY 15, 2023 (10.0)

• 1. That the minutes and appendix of the Unionville Sub-Committee meeting held on February 15, 2023, be received for information purposes.

8.5

VARLEY-MCKAY ART FOUNDATION OF MARKHAM MINUTES – JANUARY 16, 2023 AND FEBRUARY 15, 2023 (16.0)

• 1. That the minutes of the Varley-McKay Art Foundation of Markham meeting held January 16, 2023 and February 15, 2023, be received for information purposes.

8.6

CYCLING AND PEDESTRIAN ADVISORY COMMITTEE (CPAC) MINUTES – JANUARY 19, 2023 AND FEBRUARY 16, 2023 (16.34)

• 1. That the minutes of the Cycling and Pedestrian Advisory Committee (CPAC) meetings held January 19, 2023 and February 16, 2023, be received for information purposes.

8.7

008-T-22 CELEBRATION PARK ‐ CONSTRUCTION (6.3, 7.12)

• 1. That the report entitled “008-T-22 Celebration Park - Construction” be received; and
  2. That staff be authorized to award a contract to Rutherford Contracting Ltd, the lowest priced bidder, in the total amount of $9,095,916.72 inclusive of HST; and, 
  3. That a contingency in the amount of $545,755.00 (6%) inclusive of HST be established to cover any additional project costs be approved, and that authorization be granted to approve expenditures of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,
  4. That the Urban Design Capital Administration Fee in the amount of $867,750.46 be approved; and, 
  5. That the award, contingency and capital administration amounts in the total amount of $10,509,422.18 be funded from capital project 21021 Celebration Park – Construction, GL account 081-5350-21021-005, which has an available budget of $8,169,033.00; and, 
  6. That the shortfall of $2,340,389.18 be funded from Development Charges (Parks Development); and further,  
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

REGULAR REPORTS - DEVELOPMENT AND POLICY MATTERS

9.1

RECOMMENDATION REPORT MARKLAND RESIDENTIAL CORPORATION, APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT 94 TOWNHOUSE UNITS AT MARKLAND STREET FILE NO. PLAN 21 111003 (WARD 2) (10.3, 10.5)

• 1. That the report dated March 21, 2023, titled, “RECOMMENDATION REPORT Markland Residential Corporation, Applications for Official Plan and Zoning By-law Amendment to permit 94 townhouse units at Markland Street File No. PLAN 21 111003 (Ward 2)”, be received; and,
  2. That the Official Plan Amendment application be approved and that the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be enacted without further notice, and be forwarded to York Region for approval; and,
  3. That the Zoning By-law Amendment application be approved and that the draft site-specific Zoning By-law, attached as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice, once the Official Plan Amendment is approved by York Region; and,
  4. That Council assign servicing allocation for a maximum of 94 townhouse units; and
  5. That York Region be advised that servicing allocation for 94 townhouse units has been granted; and,
  6. That the City reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

9.2

MEMORANDUM LIFETIME 8200 WARDEN AVENUE GP INC. (LIFETIME DEVELOPMENTS) APPLICATIONS FOR OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT, AND DRAFT PLAN OF SUBDIVISION TO PERMIT A HIGH RISE RESIDENTIAL MIXED-USE 

DEVELOPMENT AT THE SOUTHWEST CORNER OF WARDEN AVENUE AND CEDARLAND DRIVE, MARKHAM CENTRE (WARD 8) FILE NO. PLAN 20 123292 (10.3, 10.5, 10.7)

• 1. That the March 21, 2023, Memorandum titled, “Lifetime 8200 Warden Avenue GP Inc. (Lifetime Developments), Applications for Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a high rise residential mixed-use development at the southwest corner of Warden Avenue and Cedarland Drive, Markham Centre (Ward 8), File No. PLAN 20 123292”, be received; and,
  2. That the December 12, 2022, report titled, “Lifetime 8200 Warden Avenue GP Inc. (Lifetime Developments), Applications for Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a high rise residential mixed-use development at the southwest corner of Cedarland Drive and Warden Avenue, Markham Centre (Ward 8), File No. PLAN 20 123292 (Previous File No. ZA 18 108856)”, be received; and,
  3. That the Official Plan Amendment application submitted by Lifetime 8200 Warden Avenue GP Inc. (Lifetime Developments), be approved and that the draft Official Plan Amendment, referenced as Appendix ‘A’ in the December 12, 2022, report be finalized and brought forward to a future Council meeting to be adopted without further notice; and,
  4. That the Zoning By-law Amendment application submitted by Lifetime 8200 Warden Avenue GP Inc. (Lifetime Developments), be approved and that the draft Zoning By-law Amendment, referenced as Appendix ‘B’ in the December 12, 2022, report be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  5. That the letter dated, March 15, 2023, by Lifetime 9200 Warden Avenue GP Inc. (Lifetime Developments), attached hereto as Appendix 1, be received; and further,
  6. That Staff be directed to implement additional direction provided by Council; and further, 
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.

REGULAR REPORTS - CULTURE AND ECONOMIC DEVELOPMENT MATTERS

10.1

2023 INTERNATIONAL BUSINESS TRADE AND INVESTMENT MISSIONS (10.16)

• 1. That the report entitled “2023 International Business Trade and Investment” be received; and,
  2. That the City engage in the identified business trade and investment missions identified; and,
  3. That the City be represented by the following as part of each prospective mission:
     1. Silicon Valley, San Francisco Bay Area, California, U.S. – 2 staff, the Mayor, and Chair of Culture & Economic Development.
     2. AutoTech Detroit Conference, Novi, Michigan, U.S. – 2 staff and Mayor or Councillor. 
     3. Web Summit, Lisbon, Portugal – 2 staff and the Chair or Vice Chair of the Economic Development Committee; and,
  4. That Staff report back to Council on each of the missions; and, 
  5. That the total cost of the “Trade and Investment Missions in 2023 to the U.S. and Portugal” not exceed $38,500 and be funded from within the International Investment Attraction Operating Budget; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.2

CELEBRATE MARKHAM GRANT PROGRAM 2023-2024 – APRIL 1, 2023 – MARCH 31, 2024 – FUNDING APPROVALS AND ANNUAL PROGRAM REVIEW (10.16)

• 1. That the report titled, “Celebrate Markham Grant Program 2023-2024 – April 1, 2023 – March 31, 2024 – Funding Approvals and Annual Program Review” be received; and,
  2. That Council approve the recommendations of the Interdepartmental Staff Review Committee in Attachment 2, which includes 57 Celebrate Markham applicants for community led events and programs, totaling $256,000 conditional on applicants adhering the Celebrate Markham Guidelines; and,
  3. That Council approve $50,000 in additional funding support for Major Community Festivals that meet the criteria set out in this report; and,
  4. That Council approve $84,000 for City led events and programs; and,
  5. That Council approve $30,000 for the Markham Arts Council annual programs and activities conditional on receiving and approving 2022/2023 audited financial statements; and,
  6. That the unallocated Celebrate Markham Community Grant Program funding of $84,275 be carried forward to the 2024-25 Celebrate Markham funding stream; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

10.3

DESTINATION MARKHAM CORPORATION UPDATE AND ANNUAL GENERAL MEETING (10.16)

• 1. That the report “Destination Markham Corporation Update and Annual General Meeting” be received; and,
  2. That Council approve the Destination Markham Corporation 2023 Business Plan; and,
  3. That Council approve the Destination Markham Corporation 2023 Budget to a maximum of $2,179,623; and,
  4. That Council approve the Destination Markham Corporation 2021 Financial Statements; and,
  5. That Council approve KMPG LLP Chartered Accountants as the auditor for Destination Markham Corporation for 2023; and,
  6. That the Council approve the amendment of By-Law No. 1 of Destination Markham Corporation (in a form satisfactory to the City Solicitor), to reflect that the Board of Directors is comprised of thirteen (13) Directors, including:
     • the Mayor and four (4) Members of Council, and
     • eight (8) members of the public; and,
  7. That Council approve the appointment of Jennifer Worden to the Destination Markham Corporation Board of Directors, to serve as an independent Director, for a term of four (4) years; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

11.

MOTIONS

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.

CONFIDENTIAL ITEMS

• That, in accordance with Section 239 (2) of the Municipal Act, Development Services Committee resolve into a confidential session to discuss the following matters:

15.1

DEVELOPMENT AND POLICY MATTERS

15.1.1

DEVELOPMENT SERVICES COMMITTEE MINUTES - FEBRUARY 28, 2023 (10.0) [Section 239 (2) (e) (f)]

15.1.2

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE;  

[Section 239 (2) (e) (f)] REQUEST FOR DIRECTION RE FOURO TOWERS BUILDERS LTD. AND SASSON CONSTRUCTION INC. OLT APPEAL (WARD 5) (8.0, 10.0)

15.1.3

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; 

[Section 239 (2) (e) (f)] REQUEST FOR DIRECTION RE ANGUS GLEN VILLAGE LTD. OLT APPEAL (WARD 6) (8.0, 10.0) 

15.2

A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BEAPPLIED TO ANY NEGOTIATIONS CARRIED ON OR TO BE CARRIED ON BY OR ON BEHALF OFTHE MUNICIPALITY OR LOCAL BOARD;[Section 239 (2) (k)] MEMORANDUM - MARKHAM MUNICIPAL HOUSING PLEDGE

15.3

A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BEAPPLIED TO ANY NEGOTIATIONS CARRIED ON OR TO BE CARRIED ON BY OR ON BEHALF OFTHE MUNICIPALITY OR LOCAL BOARD;[Section 239 (2) (k)] MEMORANDUM - LIFETIME

16.

ADJOURNMENT

• That the Development Services Committee adjourn at 4:53PM.