Town of Newmarket
Agenda
Council - Electronic

Meeting #:
Date:
Time:
-
Location:
Streamed live from the Municipal Offices
395 Mulock Drive
Newmarket, ON L3Y 4X7

1.

This meeting will be streamed live at newmarket.ca/meetings.


Public Input


Individuals who wish to submit input to Council in relation to an item on this agenda have the following options available.

  1. Email your correspondence to clerks@newmarket.ca by end of day on Sunday, February 6, 2022. Written correspondence received by this date will form part of the public record; or,
  2. Make a live remote deputation by joining the virtual meeting using the Town's videoconferencing software and verbally provide your comments over video or telephone. To select this option, you are strongly encouraged to pre-register by emailing your request and contact information to clerks@newmarket.ca.

Note: Additional items are marked by an asterisk*.

Note: There is no Public Planning Matter scheduled for February 7, 2022.

Note: Greg Stanisci, A. Manager Business Intelligence and Data Analytics, York Regional Police will be in attendance to provide a live demonstration on this matter. 

    1. That the presentation provided by Greg Stanisci, A. Manager Business Intelligence and Data Analytics, York Regional Police regarding the Community Safety Data Portal be received. 
    1. That the Council - Electronic Meeting Minutes of January 17, 2022 be approved.

Note: This meeting dealt with Core Asset Management Plans.

    1. That the Council Workshop - Electronic Meeting Minutes of January 18, 2022 be received. 

Note: This item is related to sub-item 9.3.3 below. 

    1. That the memorandum dated February 7, 2022 regarding Protection of Trees on Private Property be received.
    1. That the Special Committee of the Whole - Electronic Meeting Minutes of January 24, 2022 be received and the recommendations noted within be adopted.
    1. That the presentation provided by the Senior Climate Change Specialist regarding a Council Strategic Priority Pillar Update - Environmental Stewardship be received. 

Note: This item was dealt with under sub-item 9.3.3. See sub-item 9.3.3 for motion.

    1. That the presentation provided by the Senior Planner - Development, Supervisor of Forestry, Planner - Committee of Adjustment & Cultural Heritage, and Manager of Regulatory Services regarding the Protection of Trees on Private Property be received; and,
    2. That the report entitled Protection of Trees on Private Property dated January 24, 2022 be received; and,
    3. That the Private Tree Protection By-law (Private Tree By-law) be adopted, as amended; and,
    4. That the application fees be directed to resource and administer the By-law; and,
    5. That the applicable fees be set as follows:
      1. administration fee based on number of trees removed:
        1. 1 tree removed $100
        2. 2-4 trees removed $300
        3. 5-10 trees removed $1000
        4. 11+ trees removed $5000
      2. review fee of $100/tree for cost recovery;
      3. No fee for dead, dying, or hazardous trees, or trees causing property damage;
      4. appeal to the Director of a refused permit: $50;
      5. appeal to the Appeals Committee of a refused permit: $650; and,
    6. That a cash-in-lieu amount of $300 for non-construction applications, and $450 per 6cm of tree for construction applications, be collected if replanting cannot cover all of the prescribed compensation amount, and this amount be reviewed annually; and,
    7. That staff bring forward a separate By-law defining and protecting Socially Significant Trees, targeting Q1 of 2023; and,
    8. That a reserve be established for the compensation collected and to be used for planting new trees and/or other programs related to improving the Town’s canopy and meeting canopy targets (over and above scheduled yearly tree planting operations); and,
    9. That Staff bring forward amendments to the AMPS and Fees & Charges By-laws at the same time as the Private Tree Protection By-law, as amended; and,
    10. That staff bring forward options to Council regarding incentives for tree planting and increasing the Town's tree canopy; and,
    11. That all associated fees be waived until July 1, 2022, with education and enforcement effective immediately; and,
    12. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the Committee of the Whole - Electronic Meeting Minutes of January 31, 2022 be received and the recommendations noted within be adopted.
    1. That the presentation provided by the Senior Planner - Policy regarding the Draft York Region Official Plan be received.
    1. That the deputation provided by Dave Kempton and Peggy Stevens, Drawdown Newmarket-Aurora regarding the Recommendation Report – Shining Hill Official Plan Amendment be received.
    1. That the deputation provided by Kathryn Morton regarding the Recommendation Report – Shining Hill Official Plan Amendment be received.

Note: This item was dealt with under sub-item 9.4.10. See sub-item 9.4.10 for motion.

    1. That the correspondence provided by York Region regarding the Draft York Region Official Plan be received.
    1. That the report entitled Draft York Region Official Plan dated January 31, 2022 be received; and,
    2. That this report be forwarded to the Regional Municipality of York as Council’s comments on the draft York Region Official Plan; and,
    3. That the Council resolution regarding the Town of Newmarket's intensification rate be forwarded to the Regional Municipality of York and all lower tier municipalities; and, 
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  • Whereas York Region has averaged a 50 percent intensification rate since 2016; and,

    Whereas Newmarket's current intensification rate is approximately 85 percent; and,

    Whereas a recent report by Hemson Consulting Ltd. for the City of Ottawa found that sprawl costs the municipality more than $460 per capita and intensifications can save the municipality more than $600 per capita, illustrating that sprawl is not sustainable; and,

    Whereas a 60 percent intensification rate to 2051 in York Region would direct the majority of the Region’s growth to Centres and Corridors and Major Transit Station Areas which is well supported by Regional and Provincial infrastructure; and,

    Whereas a 60 percent intensification rate to 2051 in York Region would result in the protection of the majority of the "whitebelt" for continued agricultural use; and,

    Whereas the following groups do not support the Region of York's proposed phased 50 – 55% intensification rate (50% until 2041, 55% from 2041 to 2051) and seek at a minimum a 60 percent rate of intensification:

    • Oak Ridges Moraine Land Trust
    • Rescue Lake Simcoe Coalition
    • Concerned Citizens of King Township
    • York Region Federation of Agriculture; and,

    Whereas the Town of Newmarket has declared a climate emergency; and,

    Therefore be it resolved,

    1. That the Council of the Town of Newmarket calls on York Region to target a minimum 55%-60% intensification rate when it revises its Official Plan in 2022.
    1. That the report entitled Recommendation Report – Shining Hill OPA dated November 15, 2021 be received; and,
    2. That Council adopt Official Plan Amendment Number 32, substantially in accordance with Appendix 2 of this report; and,
    3. That the land use change request submitted by Shining Hill Estates Collection Inc., for the lands shown on Appendix 1, currently designated as Rural in the Region’s Official Plan, be supported in principle subject to the completion of York Region’s Municipal Comprehensive Review; and,
    4. That staff be directed to bring back a further official plan amendment by-law for the lands shown on Appendix 1, currently designated as Rural in the Region’s Official Plan, for Council’s consideration after the Region’s new Official Plan is in force and effect, if it changes the lands on Appendix 1 from Rural to Urban; and,
    5. That Karen Whitney, Director, Community Planning and Development Services, York Region, be notified of this action; and,
    6. That Paul Bailey of Shining Hill Estates Collection Inc. be notified of this action; and,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Stonehaven Avenue and Best Circle (West) All-Way Stop Review dated January 31, 2022 be deferred to the Committee of the Whole - Electronic meeting on February 28, 2022.
    1. That the report entitled Art West Avenue and Frederick Curran Lane Intersection All-Way Stop Request dated January 31, 2022 be deferred to a Committee of the Whole - Electronic meeting within the next 60 days; and,
    2. That staff be directed to report back to Council with alternative safety options related to pedestrianization within the next 60 days.
    1. That the deputation provided by Sandy Sheridan regarding the Church Street Parking Review - Park Avenue to Botsford Street be received; and, 
    2. That the report entitled Church Street Parking Review Park Avenue to Botsford Street dated January 31, 2022 be received; and,
    3. That parking amendments noted in Appendix B be approved; and,
    4. That the standard 2-year moratorium of additional parking reviews be lifted; and,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the correspondence provided by Rick and Sandy Brown regarding the Church Street Parking Review Park Avenue to Botsford Street be received. 
    1. That the report entitled Municipal Capital Facilities and Municipal Agreement – Shining Hill dated January 31, 2022 be received; and,
    2. That the Mayor and the Chief Administrative Officer be directed to execute the Municipal Capital Facilities and Municipal Benefits Agreement between the Developer (as defined in the Background Section of this report) and the Corporation of the Town of Newmarket (the “Agreement”) on the substantial terms outlined in this report; and,
    3. That, in the event that Council directs the Town to execute the Agreement with the Developer, staff be directed to post a fully executed copy of the Agreement on the Town’s website; and,
    4. That Staff be directed to report back on a by-law to establish a Green Environmental Fund for the purposes identified in this report and for broader environmental purposes as identified by Council from time to time; and,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution, including without limitation, registration by the Senior Solicitor or her designate of all land registry documents to give effect to the terms and intent of the Agreement; and,
    6. That Council endorse the plan to protect the conveyed land in perpetuity; and,
    7. That Council direct staff to report back on options regarding the protection of the conveyed land.
    1. That the report entitled Asset Management Plan – Core Assets dated January 31, 2022 be received; and,
    2. That the Corporate Asset Management Plan – Core Assets be endorsed by Council subject to the annual budget review; and,
    3. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That Fire Services Report 2022 User Fees be received; and,
    2. That Council approve this report and authorize staff to implement the updates in the Fire Services User Fees Schedule G, as amended; and,
    3. That Council approve staff to invoice at the second occurrence for a property owner who fails to comply with By-law 2009-64 A Bylaw to Regulate Outdoor Burning; and,
    4. That Council approve the implementation of a Smoke/Carbon Monoxide Alarm cost recovery program, in conjunction with the Stay Fire Smart Campaign.
    1. That the report entitled Fourth Quarterly Update to the Outstanding Matters List for 2021 dated January 31, 2022 be received; and,
    2. That Council adopt the Outstanding Matters List (Attachment A); and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution
    1. That the Heritage Newmarket Advisory Committee Meeting Minutes of August 10, 2021 be received.
    1. That the Central York Fire Services – Joint Council Committee Meeting Minutes of November 2, 2021 be received. 

2022-02 A By-law to designate the property at 415 Davis Drive, the Charles Denne House, as being of cultural heritage value or interest pursuant to the Provisions of the Ontario Heritage Act, 1990.
2022-04 A By-law to exempt certain lands from part lot provisions of the Planning Act. (Country Wide Homes at Newmarket Inc.)
2022-05 A By-law to exempt certain lands from part lot provisions of the Planning Act. (RCH Homes (Shining Hill) Inc.)
2022-06 A By-law to exempt certain lands from part lot provisions of the Planning Act. (Townwood Homes (Shining Hill) Inc.)
2022-07 A By-law to adopt Official Plan Amendment 32 to the Town of Newmarket 2006 Official Plan, amending OPA 28 of the Town of Newmarket 1996 Official Plan (Shining Hill Estates Inc.).
2022-08 A By-law to amend By-law 2019-63, as amended, being a by-law to regulate parking within the Town of Newmarket (Church Street) (Schedule V – No Stopping and Schedule VI – Parking for Restricted Periods).
2022-09 A By-law to amend fees and charges by-law 2019-79, as amended, being a By-law to adopt Fees And Charges For Services Or Activities Provided By The Town Of Newmarket. (Fire Services).
2022-10 A By-law to regulate the Injury or Destruction of Trees on private property within the Town of Newmarket (Private Tree Protection By-law).
2022-11 A By-law to amend By-law 2019-62 being a By-law to implement an Administrative Monetary Penalty System in the Town of Newmarket. (Private Tree Protection By-law).
2022-12 A By-law to amend Fees and Charges By-law 2021-69 being a by-law to adopt fees and charges for services or activities provided by the Town of Newmarket (Public Works, Engineering Services, Planning).
2022-13 A By-law to exempt certain lands from the part lot control provisions of the Planning Act, R.S.O. 1990, c. P.13. (Marianneville Developments Limited).

    1. That By-laws 2022-02, 2022-04, 2022-05, 2022-06, 2022-07, 2022-08, 2022-09, 2022-10, 2022-11, 2022-12, and 2022-13 be enacted.

14.1
Municipal Capital Facilities and Municipal Benefits Agreement - Shining Hill (if required)
 

Advice that is subject to solicitor-client privilege, including communications necessary for that purpose as per Section 239(2)(f) of the Municipal Act, 2001.

2022-14 A By-law to Confirm the Proceedings of the February 7, 2022 Council - Electronic Meeting.

    1. That By-law 2022-14 be enacted.
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