Council Meeting

That the minutes of the February 11, 2020 Council meeting be adopted.

That the memo dated February 25, 2020 from the Commissioner, Development Services on "Application for Zoning By-law Amendment and Draft Plan of Subdivision, submitted by Condor Properties Ltd. to permit two residential towers of 50 and 45 storeys connected by a 10 storey podium at 25, 11, 9, and 5 Langstaff Road East (Ward 1), File Nos. ZA 18 162178 and SU 18 162178”; be received, and, That Draft Plan of Subdivision 19TM-18006 (SU 18 162178) submitted by Condor Properties Ltd. be approved subject to all the conditions attached in revised Appendix ‘A’ as may be modified by the Director of Planning and Urban Design or designate; and, That Zoning By-law Amendment application (ZA 18 162178) submitted by Condor Properties Ltd. and attached as Appendix ‘B’ 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. (By-law 2020-11)

That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Epilepsy Awareness Month - March Purple Day (Epilepsy Awareness) - March 26, 2020 That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: World Lymphedema Day - March 6, 2020

That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

That the report entitled “Authorization for Submission of a Minor Variance Application by King Square Limited on the lands municipally known as 9390 Woodbine Avenue (Ward 2)”, dated February 10, 2020, be received; and, That in accordance with the provisions of subsections 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 variances from the provisions of Zoning By-law 2019-35, before the second anniversary of the day on which the by-law was approved by Council; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “RECOMMENDATION REPORT, Applications for Official Plan and Zoning By-law Amendments submitted by Kingsberg Warden Developments Inc. to permit an 8-storey, 91 unit residential building on the lands municipally known as 3882 Highway 7 East (Ward 3)”, dated February 10, 2020, be received; and, That the Official Plan Amendment application submitted by Kingsberg Warden Developments Inc., to amend the 2014 Official Plan, be approved, and that the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted without further notice; and, That the Zoning By-law Amendment application submitted by Kingsberg Warden Developments Inc., to amend Zoning By-law 118-79, as amended, be approved and that the draft Zoning By-law Amendment attached as Appendix ‘B’ 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. (By-laws 2020-8 and 2020-9)

That the report entitled “Award of RFP 195-R-19 Consulting Engineering Services for a Municipal Class Environmental Assessment Study for Elgin Mills Road from Prince Regent Street to McCowan Road (Wards 2, 5 and 6)”, be received; and, That the Contract for RFP 195-R-19 Consulting Engineering Services for a Municipal Class Environmental Assessment Study for Elgin Mills Road from Prince Regent Street to McCowan Road be awarded to the highest ranked lowest priced bidder, Cole Engineering Group Limited in the amount of $482,292.64, inclusive of HST; and, That a 10% contingency in the amount of $48,229.26, inclusive of HST, be established to cover any additional costs to deliver the Municipal Class EA Project and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, That an allowance in the amount of $61,056.00, inclusive of HST, be established for permits and additional fees that may be required as part of the study; and, That the Engineering Department Capital Administration Fee in the amount of $71,242.01, inclusive of HST, be transferred to Revenue Account 640-998-8871 (Capital Admin Fees); and, That the project cost of $662,819.91 ($482,292.64 + $48,229.26 + $61,056.00 + $71,242.01) inclusive of HST, be funded from capital account 640-101-5699-19033 (Elgin Mills Municipal Class Environmental Assessment Study) with budget available of $567,000; and That the budget shortfall in

That the report of the Special Development Services Committee be received & adopted (1 item):

That staff report back to the Development Services Committee with respect to clause no. 5 : "5. That Council not support the request submitted by Markham Woodmills Developments Inc. for conversion of the employment lands located at the northeast corner of Highway 404 and Elgin Mills Road; and, That staff be directed to work with the landowner to identify a broader range of potential non-residential uses for the subject lands; and, "

That staff report back to the Development Services Committee with respect to clause no. 6 : 6. That Council support the request submitted by 1628740 Ontario Inc. and 1628741 Ontario Inc. for conversion of the employment lands located at 2718 and 2730 Elgin Mills Road, subject to confirmation by York Region that no access to the employment lands along Highway 404 immediately to the west of the subject lands is possible from Elgin Mills Road through the subject lands; and, That staff be directed to work with the landowner to identify a broader range of potential non-residential uses for the subject lands; and,

That the matter on "Supplementary Report: City Of Markham Comments on York Region’s Draft Employment Framework – 2041 Regional Municipal Comprehensive Review” be brought forward for consideration following Deputations.

That the report of the General Committee be received & adopted, save and except for Item Nos. 8.3.2 and 8.3.3:

That the report entitled, “Transfer of Unclaimed Refundable Security Deposits” be received; and, That the Treasurer be authorized to transfer unclaimed security deposits, up to the amount of $773,000.00, representing deposits placed prior to December 31, 2014 for undertakings, to the Corporate Rate Stabilization Reserve; and, That the cost incurred to place the Public Notice, exclusive of HST, be offset against the refundable security deposits to be transferred to the City’s reserve; and, That the Treasurer be authorized to transfer future unclaimed security deposits to the Corporate Rate Stabilization Reserve; and, That the Treasurer be authorized to release any security deposits, from the Corporate Rate Stabilization Reserve in the event of a future, eligible, refund claim; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Roadside Ditch Alteration Policy”, dated February 18, 2020, be received; and, That the presentation entitled “Roadside Ditch Alteration Policy”, dated February 18, 2020, be received; and, That Council adopt the Roadside Ditch Alteration Policy, as presented in “Attachment “A”; and, That Council approve amendment to the Road Occupancy By-law 2018-109 as deemed necessary by the City Solicitor and the Commissioner of Fire and Community Service to implement the Roadside Ditch Alteration Policy; and, That the ditch restoration program be implemented starting in year 2021; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Council consented to review a revised resolution as follows: Whereas, the City of Markham strives, where feasible, to create complete mixed-use, high density Rail Integrated Communities (RIC) at rail stations as part of its development objectives; and, Whereas, City of Markham’s desire is to create a rail transit corridor that provides for a range of housing and economic development opportunities and investment that results in a high quality of life, walkable communities, reduced transit commute times, reduced gridlock and a smaller carbon footprint; and, Whereas, strategically planned, rail transit corridors creates a framework to guide change and sustainable growth over the next 40 years by transforming the Stouffville, Richmond Hill and Barrie GO transit lines from regional commuter heavy rail transit network to an urban high frequency urban metro light rapid rail service; and, Whereas, Rail Integrated Communities are key to changing development patterns at all GO, subway and 407 Transitway stations; and, Whereas, the Province has indicated that future GO, subway and 407 Transitway development will be based on re-purposing lands to their highest and best use in partnership with the private sector, development industry, investors and pension funds; and, Whereas, Vancouver’s Canada Line currently accommodates 150,000 boardings per day, with two-car driverless electric trainsets, 40-50m station platforms and a frequency of 18 trains per hour, and growing to 250,000 boardings

That the report of the Development Services Committee be received & adopted (1 item):

That the report titled “ RECOMMENDATION REPORT, Applications Uptown Green Garden Inc., for Official Plan and Zoning By-law Amendments and Site Plan Approval to permit a nine (9) storey mixed use building on the west side of Kennedy Road, north of 16th Avenue, 9332 to 9346 Kennedy Road, File Nos. OP 18 182671, ZA 18 182671 and SPC 19 132197 (Ward 6)” be received; and, That the deputations of J ohn Law, Li Zhang, Ying Jiang, and Min Zhu at the February 25, 2020 Council meeting be received, and, That the Official Plan Amendment application submitted by Uptown Green Garden Inc., to amend the 2014 Official Plan, be approved by Council, and that the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted by Council; and, That the amendments to Zoning By-laws 304-87 and 177-96, as amended be approved and the draft implementing Zoning By-law, attached as Appendix ‘B’, be finalized and enacted, without further notice; and, That the Site Plan application by Uptown Green Garden Inc., be endorsed in principle, subject to the Conditions attached as Appendix ‘C’ and subject to any refinements as required by the Design Review Panel; and, That prior to final site plan approval, staff will investigate and determine what additional noise mitigation measures, if any, can be put in place and that Council be advised through a memorandum on the status, and, That the approval of the Site Plan application be delegated to the Director of Planning and Urban Design or his design

That the matter on "RECOMMENDATION REPORT, Applications Uptown Green Garden Inc., for Official Plan and Zoning By-law Amendments and Site Plan Approval to permit a nine (9) storey mixed use building on the west side of Kennedy Road, north of 16th Avenue, 9332 to 9346 Kennedy Road, File Nos. OP 18 182671, ZA 18 182671 and SPC 19 132197 (Ward 6)” be brought forward for consideration following Deputations.

That the application to remove one (1) Black Walnut Tree at 18 Brookfield Court, Markham, be approved; and, That the applicant provide for four (4) replacement trees on the property of 18 Brookfield Court or any other private property in Markham, and in a size and native species deemed appropriate by staff, by September 30, 2020, or provide a cash-in-lieu payment of $300.00 per tree; and further, That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

That the matter on "Recommendation From The December 4, 2019 Licensing Committee Hearing (18 Brookfield Court)” be brought forward for consideration following Deputations.

That the application to remove one (1) Austrian Pine at 16 Hammok Crescent, Markham, be approved; and, That the applicant provide for four (4) replacement trees on the property of 16 Hammok Crescent or any other private property in Markham, and in a size and native species deemed appropriate by staff, by September 30, 2020, or provide a cash-in-lieu payment of $300.00 per tree; and further, That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

That Council endorse the appointment of the following four (4) members of Council to serve as the non-independent Directors; Mayor Scarpitti, Councillor Keyes, Councillor Collucci and Councillor Usman.

That the matter be deferred to the next Council meeting.

That Regional Councillor Jack Heath be added to serve as a non-independent Director on the Destination Markham Corporation Board of Directors.

That By-law 2020-11 be brought forward for consideration following Communications.

That By-law 2020-11 be given three readings and enacted.

That By-laws 2020-8 and 2020-9 and 2020-12 to 2020-13 be given three readings and enacted.

Council consented to not resolve into confidential session.

That the confidential Council minutes of February 11, 2020 be adopted.

That the following person be appointed to the Unionville BIA : Name Term Expiry Sarah Isles November 14, 2022 That the following persons be appointed to the Doors Open Markham Organizing Committee: Name Term Expiry Jenny Zhang November 30, 2022 Yuen Ling (Elaine) Yip November 30, 2022 That the following person be appointed to the Heritage Markham Committee: Name Term Expiry Jason McCauley November 30, 2023

That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; LPAT Appeal - 91 Anderson Avenue (Ward 5), be received, and, That Council direct the City Solicitor and Staff not to attend the Local Planning Appeal Tribunal hearing regarding the decision of the Committee of Adjustment to approve the minor variances related to permitting a Respite Day Care Facility within employment lands, and permitting reduced parking spaces, subject to the following conditions; That the Variances apply only to the proposed development as long as it remains; That for the purposes of this variance, a Respite Day Care Facility means a non-profit and non-commercial facility offering the temporary care of adults, persons with disability, or other persons requiring supervised care on a temporary basis, which provides day programs, education, training or supervision to participants, such as an adult day program, but does not include overnight stay, child care centres, or other private schools; That no individual Respite Day Care Facility shall exceed 1,000 m 2 in Gross Floor Area; That the Applicant satisfies the requirements of the Toronto and Region Conservation Authority (“TRCA”), financial or otherwise, as indicated in their letter to the Secretary-Treasurer attached as Appendix “C” to the Staff Report, to the satisfaction of the TRCA, and that the Secretary-Treasurer receive written confirmation t

That By-law 2020-10 be given three readings and enacted. Three Readings BY-LAW 2020-10 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 25, 2020.

That the Council meeting be adjourned at 4:36 p.m.

1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. Epilepsy Awareness Month - March b. Purple Day (Epilepsy Awareness) - March 26, 2020 2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: a. World Lymphedema Day - March 6, 2020

5 That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

1. That the report entitled “RECOMMENDATION REPORT, Applications for Official Plan and Zoning By-law Amendments submitted by Kingsberg Warden Developments Inc. to permit an 8- 6 storey, 91 unit residential building on the lands municipally known as 3882 Highway 7 East (Ward 3)”, dated February 10, 2020, be received; and, 2. That the Official Plan Amendment application submitted by Kingsberg Warden Developments Inc., to amend the 2014 Official Plan, be approved, and that the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted without further notice; and, 3. That the Zoning By-law Amendment application submitted by Kingsberg Warden Developments Inc., to amend Zoning By-law 118- 79, as amended, be approved and that the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and enacted without further notice; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-laws 2020-8 and 2020-9)

1. That the report entitled “Award of RFP 195-R-19 Consulting Engineering Services for a Municipal Class Environmental Assessment Study for Elgin Mills Road from Prince Regent Street to McCowan Road (Wards 2, 5 and 6)”, be received; and, 2. That the Contract for RFP 195-R-19 Consulting Engineering Services for a Municipal Class Environmental Assessment Study for Elgin Mills Road from Prince Regent Street to McCowan Road be awarded to the highest ranked lowest priced bidder, Cole Engineering Group Limited in the amount of $482,292.64, inclusive of HST; and, 3. That a 10% contingency in the amount of $48,229.26, inclusive of HST, be established to cover any additional costs to deliver the 7 Municipal Class EA Project and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, 4. That an allowance in the amount of $61,056.00, inclusive of HST, be established for permits and additional fees that may be required as part of the study; and, 5. That the Engineering Department Capital Administration Fee in the amount of $71,242.01, inclusive of HST, be transferred to Revenue Account 640-998-8871 (Capital Admin Fees); and, 6. That the project cost of $662,819.91 ($482,292.64 + $48,229.26 + $61,056.00 + $71,242.01) inclusive of HST, be funded from capital account 640-101-5699-19033 (Elgin Mills Municipal Class Environmental Assessment Study) with budget available of $567,000; and 7. That t

1. That staff report back to the Development Services Committee with respect to clause no. 5 : "5. That Council not support the request submitted by Markham Woodmills Developments Inc. for conversion of the employment lands located at the northeast corner of Highway 404 and Elgin Mills Road; and, a. That staff be directed to work with the landowner to identify a broader range of potential non-residential uses for the subject lands; and, " 11

1. That the report entitled, “Transfer of Unclaimed Refundable Security Deposits” be received; and, 2. That the Treasurer be authorized to transfer unclaimed security deposits, up to the amount of $773,000.00, representing deposits placed prior to December 31, 2014 for undertakings, to the Corporate Rate Stabilization Reserve; and, 3. That the cost incurred to place the Public Notice, exclusive of HST, be offset against the refundable security deposits to be transferred to the City’s reserve; and, 4. That the Treasurer be authorized to transfer future unclaimed security deposits to the Corporate Rate Stabilization Reserve; and, 5. That the Treasurer be authorized to release any security deposits, from the Corporate Rate Stabilization Reserve in the event of a future, eligible, refund claim; and further, 15 6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the matter be

1. That By-law 2020-11 be given three readings and enacted. 27

1. That the following person be appointed to the Unionville BIA: Name Term Expiry Sarah Isles November 14, 2022 2. That the following persons be appointed to the Doors Open Markham Organizing Committee: Name Term Expiry Jenny Zhang November 30, 2022 Yuen Ling (Elaine) Yip November 30, 2022 3. That the following person be appointed to the Heritage Markham Committee: 29 Name Term Expiry Jason McCauley November 30, 2023

1. That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; LPAT Appeal - 91 Anderson Avenue (Ward 5), be received, and, 2. That Council direct the City Solicitor and Staff not to attend the Local Planning Appeal Tribunal hearing regarding the decision of the Committee of Adjustment to approve the minor variances related to permitting a Respite Day Care Facility within employment lands, and permitting reduced parking spaces, subject to the following conditions; a. That the Variances apply only to the proposed development as long as it remains; b. That for the purposes of this variance, a Respite Day Care Facility means a non-profit and non-commercial facility offering the temporary care of adults, persons with disability, or other persons requiring supervised care on a temporary basis, which provides day programs, education, training or supervision to participants, such as an adult day program, but does not include overnight stay, child care centres, or other private schools; c. That no individual Respite Day Care Facility shall exceed 1,000 m2 in Gross Floor Area; d. That the Applicant satisfies the requirements of the Toronto and Region Conservation Authority (“TRCA”), financial or otherwise, as indicated in their letter to the Secretary-Treasurer attached as 30 Appendix “C” to the Staff Report, to the satisfaction of the TRCA, and that the Secretary-Treasurer receive wr