Development Services Committee Meeting

That the minutes of the Development Services Committee meeting held on November 29, 2022 be confirmed.

That the deputations by Dean Kemper, Gloria Luk, Elizabeth Brown, Karl Van Kessel, Janet Whiteley, Valerie Burke, Philip Ling, and Evelin Ellison, be received.

That the briefing note dated December 8, 2022 on "Staff Comments Regarding the Deputation by Goodmans LLP at the November 22, 2022, Special Council Meeting Relating to Lands Being Part of 10379 Kennedy Road and the Greenbelt Plan", be received.

That the memo dated December 2, 2022 from Stephanie Di Perna, Chief Building Official and Director Building Standards on "Proposed 2023 Building Code Changes", be received.

That the written submissions from Diane Berwick, Valerie Tate, Valerie Burke, Adam Birell (Thornhill Historical Society) and Tony Farr for Item No. 8.1 on, "Notice of Intention to Demolish - Single Detached Dwelling, 83 John Street, Thornhill Heritage Conservation District, Ward 1", be received.

That the written submissions from Donna Knight, Simon Chan, Andrew and Cristina Mitakis, John and Ann Styles, Dominque Aiken-Fernandes, Lynn Hitsman, Rod Stableforth, Elizabeth Brown, Tanya Holmes, Valerie Burke, Philip Ling, Dean and Leslie Kemper, and Karl Van Kessel for Item No. 13.1.3 on "Litigation or Potential Litigation Including Matters Before Administrative Tribunals, Affecting the Municipality or Local Board (Ward 4) [Section 239 (2) (e)] - OLT APPEAL - 134, 136, 140, 144, and 152 Main Street N. and 12 Wilson Street", be received.

That the minutes of the Heritage Markham Committee meeting held November 9, 2022 be received for information purposes.

That the December 12, 2022, staff report titled, “Proposed Demolition, 7861 Highway 7, Locust Hill, Rouge National Urban Park, Ward 5”, be received; and, That Markham Council provides the following feedback on the proposed demolition of 7861 Highway 7, the Nighswander Tenant House: Due to the advance state of decay and deterioration that has occurred over many years as a result of a lack of maintenance, poor stewardship, vacancy and abandonment, regrettably, the demolition of the building appears to be the most reasonable course of action; and, The potential salvage and re-purposing of heritage elements from the property is supported; and, The introduction of heritage interpretive features to celebrate and inform visitors of the former Nighswander buildings is also supported, and could include a Markham Remembered interpretive panel; and, That Markham Council requests that with regard to other cultural heritage resources within the National Urban Park, Parks Canada at minimum maintain the heritage features/attributes of the cultural heritage assets it has committed to invest in to support re-occupancy or during regular maintenance of the assets; and, That Markham Council encourages Parks Canada to protect and maintain those cultural heritage assets located in the Markham area of the Rouge National Urban Park of which the City has previously provided financial investments in support of their maintenance and conservation; and further, That Staff be authorized and directed to do

1. That the Deputations by Valerie Burke, Evelin Ellison, Barry Nelson, and Doug Denby regarding the staff report “Notice of Intention to Demolish – Single Detached Dwelling, 83 John Street, Thornhill Heritage Conservation District, Ward 1,”, be received; and further, 2. That the demolition of 83 John Street be approved on the condition that the Applicant work with Heritage Planning Staff on a revised plan that incorporates elements of the existing heritage home into the new home.

That the report titled, “RECOMMENDATION REPORT, The Regional Municipality of York, Application for Zoning By-law Amendment to permit temporary outdoor storage for new vehicles at 350 Yorktech Drive (Ward 8), File No. PLAN 21 147736”, be received; and, That the Zoning By-law Amendment application submitted by The Regional Municipality of York be approved and the draft Zoning By-law Amendment, attached hereto as Appendix ‘A’, be finalized and enacted without further notice; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the ground sign variance application by Don Valley North (Genesis) at 7537 Woodbine Avenue, Application No. 22.114379.000.00.SP, be approved; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the December 12, 2022, Report titled, “Heritage Permit Application for Replacement Windows, 307 Main Street North, Markham Village, File: HE 22 260674 (Ward 4)”, be received; and, That the Heritage Permit application HE 22 260674 seeking approval for the installation of replacement attic windows be denied; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Authority to provide Development Charge (DC) Credits and/or Reimbursements for the Construction of a Trunk Sanitary Sewer by the Landowners in the Berczy Glen Secondary Plan Area and the Trustee of Berczy Glen Landowners Group Inc. (Wards 2 and 6)” be received; and, That Council authorize Development Charge Credits and/or Reimbursements not exceeding $21,985,407.00 to the Trustee of Berczy Glen Landowners Group Inc. (“Trustee”) for the design, contract administration, and construction costs associated with the construction of a trunk sanitary sewer (Trunk Sanitary Sewer) that will service the Berczy Glen Secondary Plan, Angus Glen Secondary Plan, and Employment block in the City’s Future Urban Area (FUA) and lands external to the FUA with such credits being: Area Specific Development Charges to a maximum of $21,357,548 and, City Wide Hard Development Charges to a maximum of $627,859; and, That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $3,518,308.00 to Berczy Warden Holdings Inc. (“DG Group”) for the design, contract administration, and construction costs associated with the construction of a trunk sanitary sewer (Trunk Sanitary Sewer) that will service the Berczy Glen Secondary Plan and Employment block in the FUA; and, That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $598,000.00 to Monarch Berczy Glen Developments Limited (“Monarch Berczy”) for

That the deputations by Jane Winstanley, Valerie Burke, Evelin Ellison, and Cos Provenzano “RECOMMENDATION REPORT, Thornheights Homes Inc., Application for Zoning By-law Amendment to permit five single detached dwellings at 16 Kirk Drive, File No. PLAN 21 115669 (Ward 1)”, be received; and , That the report dated December 12, 2022, titled, “RECOMMENDATION REPORT, Thornheights Homes Inc., Application for Zoning By-law Amendment to permit five single detached dwellings at 16 Kirk Drive, File No. PLAN 21 115669 (Ward 1)”, be received; and, That the amendment to Zoning By-law 2150, as amended, be approved and the draft site-specific implementing Zoning By-law, attached as Appendix ‘A’, be finalized and enacted without further notice; and, That Council assign servicing allocation for a maximum of five single detached dwellings; and, That York Region be advised that servicing allocation for five single detached dwellings has been granted; and, That in accordance with the provisions of subsection 45(1.4) of the Planning Act , R.S.O. 1990, c.P.13, as amended, the Owner shall, through this resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the Zoning By-law attached as Appendix ‘A’ to this report, before the second anniversary of the day on which the By-law was approved by Council; and, That the Applicant be required to add additional landscaping on the eastern portion of the site near the last unit; and, That a condition be added to

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, 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, attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be adopted without further notice; and, 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, attached hereto as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and, That Draft Plan of Subdivision 19TM-20004 be approved, subject to the conditions set out in Appendix ‘C’ of this report; and, That the Director of Planning and Urban Design or designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix ‘C’, as may be amended by the Director of Planning and Urban Design or designate; and, That Draft Plan Approval for Plan of Subdivision 19TM-20004 will lapse after a pe

That the City request that the Province refrain from selling any land in the Parkway West Belt Lands until it is planned and zoned; and, That the right of way for higher order transit be protected along the entire Parkway West Belt Lands; and, That the Milne Conservation Area lands continue to be zoned as greenway lands if the Parkway West Belt is revoked.

That the Deputation by Barry Nelson regarding “Comments on the More Homes Built Faster Act , 2022 (Bill 23) and Associated Registry Postings - Part 2” be received; and, That the report dated December 12, 2022 titled “Comments on the More Homes Built Faster Act , 2022 (Bill 23) and Associated Registry Postings - Part 2” be received; and, That this report be forwarded to the Minister of Municipal Affairs and Housing and Natural Resources and Forestry, and York Region as the City of Markham’s comments on the More Homes Built Faster Act , 2022 (Bill 23) and Associated Registry Postings; and, That the Province undertake an extensive review and public engagement program, should a new integrated province-wide policy planning document be released; and, That the Province meet with municipalities to develop a transition plan should the Parkway Belt West Plan be revoked; and, That any development of an ecological off-setting program by the Province be based on the TRCA model and ensure the long term protection of provincially significant features; and, That Council not endorse the changes to the definition of ‘watercourse’ and ‘other areas’ in the proposed regulation under the Conservation Authorities Act ; and, That the City request the Province refrain from selling any land in the Parkway Belt West Plan until it is planned and zoned; and, That higher order transit infrastructure be protected along the entire Parkway West Belt Lands; and, That the Milne Conservation Area lands continue

That the report dated December 12, 2022, titled, “Revised Procedures for Processing Heritage Permit Applications under the Ontario Heritage Act ”, be received; and, That the proposed by-law titled, “A By-Law to Establish Procedures For Processing Permit Applications under the Ontario Heritage Act ” attached to this report as Appendix “A”, be adopted; and, That By-law 2002-276, as amended, being a by-law to impose fees or charges for services or activities provided or done by the City, be further amended to reflect the Heritage Permit application fees as noted in Appendix “B” attached to this report’; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the staff report entitled, “2022 Monitoring Growth in the City of Markham - Performance Indicators” dated December 12, 2022, be received; and That staff be authorized and directed to do all things necessary to give effect to this resolution.

That, in accordance with Section 239 (2) (e) (c) of the Municipal Act, Development Services Committee resolve into a confidential session at 4:15 PM to discuss the following matters: 13.1 DEVELOPMENT AND POLICY ISSUES Public Comments: 13.1.1 DEVELOPMENT SERVICES COMMITTEE CONFIDENTIAL MINUTES - NOVEMBER 29, 2022 (10.0) Public Comments: 13.1.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 3) [Section 239 (2) (e)] - DIGRAM DEVELOPMENTS HELEN INC. ONTARIO LAND TRIBUNAL APPEALS FOR OFFICAL PLAN AMENDMENT, Public Comments: ZONING BY-LAW AMENDMENT, AND DRAFT PLAN OF SUBDIVISION AT 55, 63, AND 83 HELEN AVENUE, FILE NO. PLAN 19 137397 AND SU/ZA 17 135415 (10.3, 10.5 & 10.7) 13.1.3 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 4) [SECTION 239 (2) (e)] - OLT APPEAL - 134, 136, 140, 144, AND 152 MAIN ST. N. AND 12 WILSON ST. BY MARKHAM MAIN Public Comments: STREET RR INC. C/O SMARTCENTRES INC. (10.3 & 10.5) 13.1.4 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 4) [SECTION 239 (2) (e)] - OLT APPEAL - 26 HONEYBOURNE CRES. (10.12) Public Comments: 13.1.5 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 8) [Section 239 (2) (e)] - OLT APPEAL - 76

That the Development Services Committee rise from its Confidential Session at 7:06 PM.

That the Special Development Services Committee adjourn at 2:39 PM.

1. That the briefing note dated December 8, 2022 on "Staff Comments Regarding the Deputation by Goodmans LLP at the November 22, 2022, Special Council Meeting Relating to Lands Being Part of 10379 Kennedy Road and the Greenbelt Plan", be received. 5

1. That the minutes of the Heritage Markham Committee meeting held November 9, 2022 be received for information purposes. 7

1. That the December 12, 2022, staff report titled, “Proposed Demolition, 7861 Highway 7, Locust Hill, Rouge National Urban Park, Ward 5”, be received; and, 2. That Markham Council provides the following feedback on the proposed demolition of 7861 Highway 7, the Nighswander Tenant House: o Due to the advance state of decay and deterioration that has occurred over many years as a result of a lack of maintenance, poor stewardship, vacancy and abandonment, regrettably, the demolition of the building appears to be the most reasonable course of action; and, o The potential salvage and re-purposing of heritage elements from the property is supported; and, o The introduction of heritage interpretive features to celebrate and inform visitors of the former Nighswander buildings is also supported, and could include a Markham Remembered interpretive panel; and, 3. That Markham Council requests that with regard to other cultural heritage resources within the National Urban Park, Parks Canada at minimum maintain the heritage features/attributes of the cultural heritage assets it has committed to invest in to support re-occupancy or during regular maintenance of the assets; and, 4. That Markham Council encourages Parks Canada to protect and maintain those cultural heritage assets located in the Markham area of the Rouge National Urban Park of which the City has previously provided financial investments in support of their maintenance and conservation; and further, 5. That Staff be authoriz

11 1. That the December 12, 2022, Report titled, “Heritage Permit Application for Replacement Windows, 307 Main Street North, Markham Village, File: HE 22 260674 (Ward 4)”, be received; and, 2. That the Heritage Permit application HE 22 260674 seeking approval for the installation of replacement attic windows be denied; and further, 3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “Authority to provide Development Charge (DC) Credits and/or Reimbursements for the Construction of a Trunk Sanitary Sewer by the Landowners in the Berczy Glen Secondary Plan Area and the Trustee of Berczy Glen Landowners Group Inc. (Wards 2 and 6)” be received; and, 2. That Council authorize Development Charge Credits and/or Reimbursements not exceeding $21,985,407.00 to the Trustee of Berczy Glen Landowners Group Inc. (“Trustee”) for the design, contract administration, and construction costs associated with the construction of 12 a trunk sanitary sewer (Trunk Sanitary Sewer) that will service the Berczy Glen Secondary Plan, Angus Glen Secondary Plan, and Employment block in the City’s Future Urban Area (FUA) and lands external to the FUA with such credits being: a. Area Specific Development Charges to a maximum of $21,357,548 and, b. City Wide Hard Development Charges to a maximum of $627,859; and, 3. That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $3,518,308.00 to Berczy Warden Holdings Inc. (“DG Group”) for the design, contract administration, and construction costs associated with the construction of a trunk sanitary sewer (Trunk Sanitary Sewer) that will service the Berczy Glen Secondary Plan and Employment block in the FUA; and, 4. That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $598,000.00 to Monarch Berczy Glen Developments Limited (“

1. That the deputations by Jane Winstanley, Valerie Burke, Evelin Ellison, and Cos Provenzano “RECOMMENDATION REPORT, Thornheights Homes Inc., Application for Zoning By-law Amendment to permit five single detached dwellings at 16 Kirk Drive, File No. PLAN 21 115669 (Ward 1)”, be received; and, 2. That the report dated December 12, 2022, titled, “RECOMMENDATION REPORT, Thornheights Homes Inc., Application for Zoning By-law Amendment to permit five single detached dwellings at 16 Kirk Drive, File No. PLAN 21 115669 (Ward 1)”, be received; and, 3. That the amendment to Zoning By-law 2150, as amended, be approved and the draft site-specific implementing Zoning By-law, attached as Appendix ‘A’, be finalized and enacted without further notice; and, 4. That Council assign servicing allocation for a maximum of five single detached dwellings; and, 5. That York Region be advised that servicing allocation for five single detached dwellings has been granted; and, 6. That in accordance with the provisions of subsection 45(1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owner shall, through this resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the Zoning By-law attached as Appendix ‘A’ to this report, before the second anniversary of the day on which the By-law was approved by Council; and, 7. That the Applicant be required to add additional landscaping on the eastern portion of the site near the last unit; and, 8. That a

1. 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, 19 2. 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, attached hereto 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 submitted by Lifetime 8200 Warden Avenue GP Inc. (Lifetime Developments), be approved and that the draft Zoning By-law Amendment, attached hereto as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and, 4. That Draft Plan of Subdivision 19TM-20004 be approved, subject to the conditions set out in Appendix ‘C’ of this report; and, 5. That the Director of Planning and Urban Design or designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix ‘C’, as may be amended by the Director of Planning and Urban Design or designate; and, 6. That Draft Plan Approval for Plan of Subdivision 19TM-20004

1. That the Deputation by Barry Nelson regarding “Comments on the More Homes Built Faster Act, 2022 (Bill 23) and Associated Registry Postings - Part 2” be received; and, 2. That the report dated December 12, 2022 titled “Comments on the More Homes Built Faster Act, 2022 (Bill 23) and Associated Registry Postings - Part 2” be received; and, 3. That this report be forwarded to the Minister of Municipal Affairs and Housing and Natural Resources and Forestry, and York Region as the City of Markham’s comments on the More Homes Built Faster Act, 2022 (Bill 23) and Associated Registry Postings; and, 4. That the Province undertake an extensive review and public engagement program, should a new integrated province-wide policy planning document be released; and, 5. That the Province meet with municipalities to develop a transition plan should the Parkway Belt West Plan be revoked; and, 6. That any development of an ecological off-setting program by the Province be based on the TRCA model and ensure the long term protection of provincially significant features; and, 7. That Council not endorse the changes to the definition of ‘watercourse’ and ‘other areas’ in the proposed regulation under the Conservation Authorities Act; and, 8. That the City request the Province refrain from selling any land in the Parkway Belt West Plan until it is planned and zoned; and, 9. That higher order transit infrastructure be protected along the entire Parkway West Belt Lands; and, 10. That the Milne Conse

1. That the report dated December 12, 2022, titled, “Revised Procedures for Processing Heritage Permit Applications under the Ontario Heritage Act”, be received; and, 2. That the proposed by-law titled, “A By-Law to Establish Procedures For Processing Permit Applications under the Ontario Heritage Act” attached to this report as Appendix “A”, be adopted; and, 3. That By-law 2002-276, as amended, being a by-law to impose fees or charges for services or activities provided or done by the City, be further amended to reflect the Heritage Permit application fees as noted in Appendix “B” attached to this report’; and further, 24 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

25 1. That the staff report entitled, “2022 Monitoring Growth in the City of Markham - Performance Indicators” dated December 12, 2022, be received; and 2. That staff be authorized and directed to do all things necessary to give effect to this resolution.

That, in accordance with Section 239 (2) (e) (c) of the Municipal Act, Development Services Committee resolve into a confidential session at 4:15 PM to discuss the following matters: 13.1 DEVELOPMENT AND POLICY ISSUES 13.1.1 DEVELOPMENT SERVICES COMMITTEE CONFIDENTIAL MINUTES - NOVEMBER 29, 2022 (10.0) 13.1.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 3) [Section 239 (2) (e)] - DIGRAM DEVELOPMENTS HELEN INC. 26 ONTARIO LAND TRIBUNAL APPEALS FOR OFFICAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT, AND DRAFT PLAN OF SUBDIVISION AT 55, 63, AND 83 HELEN AVENUE, FILE NO. PLAN 19 137397 AND SU/ZA 17 135415 (10.3, 10.5 & 10.7) 13.1.3 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 4) [SECTION 239 (2) (e)] - OLT APPEAL - 134, 136, 140, 144, AND 152 MAIN ST. N. AND 12 WILSON ST. BY MARKHAM MAIN STREET RR INC. C/O SMARTCENTRES INC. (10.3 & 10.5) 13.1.4 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 4) [SECTION 239 (2) (e)] - OLT APPEAL - 26 HONEYBOURNE CRES. (10.12) 13.1.5 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 8) [Section 239 (2) (e)] - OLT APPEAL - 7647 KENNEDY RD. BY GLEN ROUGE HOMES (10.5) 13.1.6 LITIGATION OR POTENTIAL LITIGATIO

That the Development Services Committee adjourn at 7:08 PM.