MINUTES
DEVELOPMENT SERVICES PUBLIC
MEETING
2007-06-19 - 7:00
p.m.
Council
Chamber
Meeting No. 9
All
Members of Council
Development Services
Chair: Regional Councillor J. Jones
Vice-Chair: Councillor J. Webster
Attendance
|
Councillor A. Chiu
|
J. Baird, Commissioner of
Development Services
V. Shuttleworth, Director of
Planning and Urban Design
S. Bordone, Planner
G. Duncan, Heritage Planner
B. Karumanchery, Manager, East
District
R. Kendall,
Manager, Central District
S. Kitagawa, Senior Planner
G. Sellars, Senior Planner
D. Miller, Senior Project
Coordinator
T. Kanji, Senior Planner
S. Muradali, Planner
A. Tari, Committee Clerk
|
The
Development Services Public Meeting convened at the hour of 7:00 p.m. in the Council Chamber with Deputy
Mayor J. Jones in the Chair.
DISCLOSURE OF PECUNIARY INTEREST - None.
1. TOWN-INITIATED ZONING BY-LAW AMENDMENT
TO PERMIT A LARGER BUILDING FOOTPRINT FOR
RELOCATED HERITAGE BUILDINGS AND
ACCESSORY BUILDINGS – MARKHAM HERITAGE ESTATES
(ZA 06 112355) (10.5, 16.11.3)
Report Attachment
The Chair advised the subject of the Public Meeting
this date was to consider a Zoning By-law amendment to permit a larger building
footprint for relocated heritage buildings and accessory buildings in the Markham
Heritage Estates Subdivision (ZA 06-112355).
The Committee Clerk advised that 184 notices were mailed on May 30, 2007 and two Public Meeting
signs were posted on May 24, 2007. Two written submissions were received
regarding this proposal.
Staff gave a presentation regarding the proposal. The Zoning By-law amendment proposes to
modify the provisions for the maximum gross ground floor area and an increase
in maximum height for accessory buildings.
Approval of this amendment will reduce the number of Minor Variance
applications for future projects in the Markham Heritage Estates.
Mr. Reginald Pembleton, 35 Spencer
Avenue, addressed Committee to express his concern
with raising the height from 14 feet to 18 feet for accessory buildings
(garages) which may result in garages being higher than the homes.
Staff advised, that with a maximum mid-point height of 18
feet, it would be very unusual for a garage to be higher than the main
building. Staff also advised that
different areas of the Town dictate different measuring points with respect to
building height.
Moved by: Councillor
A. Chiu
Second by: Councillor
D. Horchik
That the written submissions from Greg and Tara Knight and
Glen Baron, supporting the application regarding the proposed Zoning By-law
amendment (File ZA 06 112355), Town initiated, to permit a larger building
footprint for relocated Heritage buildings and accessory buildings, be
received;
Moved by: Councillor C. Moretti
Seconded by: Councillor V. Burke
That the Development Services Commission Report dated March
20, 2007 entitled “Town-Initiated Zoning By-Law Amendment to permit a larger
building footprint for relocated heritage buildings and accessory buildings,
Markham Heritage Estates, ZA 06 112355” be
received;
And that the Record of the Public Meeting held on June 19,
2007, with respect to the proposed amendments to By-law 1229, as amended, be
received;
And that the application by the Town of Markham.
to amend By-law 1229, as amended, be approved;
And further that the proposed amendment to By-law 1229, as
amended, be enacted without further notice.
CARRIED
2. TOWN INITIATED OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENTS FOR
POLICIES AND DEVELOPMENT STANDARDS FOR
RURAL RESIDENTIAL AREAS (10.3, 10.5)
Report Attachment
The Chair advised the subject of the Public Meeting
this date was to consider Town initiated Official Plan and Zoning By-law
amendments for Policies and Development Standards for Rural Residential Areas
(OP 06-133377, ZA.06-133382).
The Committee Clerk advised that 918 notices were mailed on May 30, 2007, and a Public Meeting notice
was posted in the Economist and Sun on Thursday
May 31, 2007. Twelve written
submissions were received regarding this proposal.
Staff gave a presentation regarding the proposal and the
location. Staff reported the Official Plan Amendment would be exempt from
Regional approval.
The Committee discussed updating the classification from
“Rural” Residential to a designation more appropriate to the nearing urban
context.. Staff suggested a more
appropriate term might be “Estate” Residential and that a change could be done
through a technical process.
Ms. Cindy Breslin, 23 Blencathra Hill read a prepared text
stating her concerns and suggestions for the Cachet area.
Moved by: Councillor A. Chiu
Seconded by: Councillor D.
Horchik
That the
written submissions from Cindy Breslin, C. Pavlakis, Willie Ma, Hanna and Bryan
Santarossa, Tara Gosal, H. Thomas, Roubiya and Sameen Mohamed, A. Paulakis,
Robert White, Bill and Marion Faran, Roubiya Mohamed, Grace Casagrande, and
Peter Casagrande, all in objection to the proposed Town initiated Official Plan
and Zoning By-law amendments for policies and development standards for rural
residential areas (OP 06-133377, ZA 06-133382), be received.
Moved by: Councillor D. Horchik
Seconded by: Councillor L.
Kanapathi
CARRIED
That the Development Services
Commission report dated April 17, 2007 entitled “Town Initiated Official Plan
and Zoning By-law Amendments for Policies and Development Standards for Rural
Residential Areas (OP.06-133377, ZA.06-133382)” be received;
And that the Record of the Public
Meeting held on June 19, 2007, with respect to the proposed amendment to the
Official Plan and Zoning By-law be received;
And further that the Town
Initiated Official Plan and Zoning By-law be referred back to staff for a report
and recommendation.
CARRIED
3. PINESHORE
DEVELOPMENTS (WISMER) INC.
SOUTH OF MAJOR MACKENZIE DRIVE
ON THE WEST SIDE OF MINGAY
AVENUE
WISMER COMMONS COMMUNITY
PROPOSED PLAN OF SUBDIVISION
AND IMPLEMENTING ZONING BY-LAW
AMENDMENTS
SU 02 119221 (19TM-02019 –
PHASE 2) AND ZA 07 110185 (10.7,10.5)
Report Attachment
The Chair advised the subject of the Public Meeting
this date was to consider an application for draft plan of subdivision and
zoning by-law amendments submitted by Pineshore Developments (Wismer) Inc. (SU
02 119221, 19TM-02019 - Phase 2 and ZA 07 110185).
The Committee Clerk advised that 17 notices were mailed on May 30, 2007, and a Public Meeting
sign was posted on May 25, 2007. No written submissions were received
regarding this proposal.
Staff gave a presentation regarding the proposal, the
location, and surrounding uses.
Sal Crimi, S.C. Land Management Corp. representing Pineshore
Developments (Wismer) Inc. was in attendance to respond to questions.
The Committee questioned if there was a water course or
stream on the subject lands. Mr. Crimi
confirmed there is no stream or natural feature.
There were no comments from the audience with respect to
this application.
Moved by: Councillor A. Chiu
Seconded by: Councillor C.
Moretti
That the Record of the Public
Meeting held on June 19, 2007 with respect to applications SU 02 119221 (19TM-02019 – Phase 2) and ZA 07 110185 submitted by Pineshore
Developments (Wismer) Inc. for draft plan of subdivision approval and
amendments to Zoning By-laws 304-87 and 177-96, be received;
And that draft plan of
subdivision 19TM-02019 – Phase 2 be referred
back to staff for further review and approval under section 2 (b) (iv) of
Delegation By-law 2002-202, as amended.
And that amendments to Zoning
By-laws 304-87 and 177-96 to implement draft plan of subdivision 19TM-02019 – Phase 2, be finalized for enactment.
CARRIED
4. RICE
COMMERCIAL GROUP
APPLICATION FOR ZONING
AMENDMENT
TO PERMIT AND INDUSTRIAL/OFFICE
BUILDING
11258 WOODBINE AVENUE
HIGHWAY 404 NORTH PLANNING
DISTRICT
ZA 07-114298 (10.5)
Report Attachment
The Chair advised the subject of the Public Meeting
this date was to consider an application submitted by Rice Commercial Group for
zoning by-law amendments to permit the construction of industrial and office
building, 11258 Woodbine Avenue (ZA 07-114298).
The Committee Clerk advised that 28 notices were mailed on May 30, 2007, and a Public Meeting
sign was posted on May 29, 2007. No written submissions were received
regarding this proposal.
Staff gave a presentation regarding the proposal, the
location, surrounding uses and outstanding issues. Staff advised prior to site plan approval, a tree
inventory and preservation plan will be required and a Holding Provision (H) is
included in the proposed zoning
The
Committee questioned if there was a small stream on the subject property. Ms. Maria Gatzios, Gatzios Planning, representing Rice Commercial
Group, confirmed that the subject lands do not have a stream or any natural
features. Committee suggested further
consultation take place with TRCA and that confirmation that there are no small
water courses on the property be obtained.
Ms. Gatzios reported that the landowners had the Conservation Authority
on site and will forward their correspondence to staff.
The
Committee reported there was an information meeting held with respect to this
application and that at the meeting the
applicant advised that no construction traffic will proceed through the
intersection of Elgin Mills Road and Woodbine Avenue.
It was suggested that this provision be incorporated into the site plan
agreement. Staff confirmed that this will
be done.
Mr. Aaron
Isaac Platt, Stikeman Elliot, representing the landowners located directly
northwest of the subject property, addressed Committee on the proposed Zoning
By-law amendments. Mr. Platt advised his
clients are in full support of the application and on the staff recommendations
for a hold provision. He requested the
following additional condition to lifting the Holding Provision (H) be included:
that the applicant demonstrate direct access from the proposed internal road
structure included in Official Plan Amendment No. 149 and access to the
proposed municipal servicing system including water, storm water, etc.
Staff
explained that traffic and servicing studies are required prior to the Holding
Provision (H) being lifted. These
studies will address the issues raised by Mr. Platt
Moved by: Mayor F. Scarpitti
Seconded by: Councillor D.
Horchik
That the report from
the Development Services Commission dated June 19, 2007, entitled “Rice
Commercial Group, Application For Zoning By-law Amendment to permit the
construction of industrial and office building, 11258 Woodbine Avenue”, be
received;
That the Record of the Public Meeting held on June 19, 2007,
with respect to the proposed amendments to By-laws 304-87 and 177-96, as
amended, be received.
That the application by the Rice
Commercial Group to amend By-laws 304-87 and 177-96, as amended, be approved;
And that the proposed amendments to By-laws 304-87 and
177-96, as amended, be enacted without further notice.
CARRIED
5. 2073236 ONTARIO INC.
ZONING BY-LAW AMENDMENT
APPLICATION TO PERMIT A FOUR (4) STOREY
RESIDENTIAL BUILDING
3882 HIGHWAY 7 EAST
NORTH SIDE OF HIGHWAY 7, EAST OF VERCLAIRE GATE
(ZA 06 135994) (10.5)
Report Attachment
The Chair advised the subject of the Public Meeting
this date was to consider an application submitted by 2073236 Ontario Inc. for
zoning by-law amendment to permit a four storey residential building at 3882
Highway 7 (ZA 06 135994).
The Committee Clerk advised that 39 notices were mailed on May 30, 2007, and a Public Meeting
sign was posted on May 27, 2007. No written submissions were received
regarding this proposal.
Staff gave a presentation regarding the proposal, the
location, surrounding uses and outstanding issues. Staff reported that a noise impact study and
traffic impact study will be required. A
tree preservation and landscape plan is also needed to ensure the proposed
development preserves any existing trees and/or other natural features if
possible.
The architect representing 2073236 Ontario Inc. was in
attendance to respond to questions.
There were no comments from the audience with respect to
this application.
The Committee recommended that the Town architect work
together with the applicant in the development of the building design. Staff confirmed that this will occur.
Moved by: Regional Councillor G.
Landon
Seconded by: Regional Councillor
T. Wong
That the
Development Services Commission report dated May 15,
2007,
entitled “Preliminary Report. 2073236 Ontario Inc. Rezoning Application to
permit a four (4) storey residential building at 3882 Highway 7 (ZA 06 135994)”
be received;
And that
the Record of the Public Meeting held on June 19, 2007, with respect to the proposed
amendments to By-law 118-79 be received;
And further
that the application by 2073236 Ontario Inc to amend By-law 118-79 be referred
back to staff for a report and recommendation.
CARRIED
6. FLATO MANAGEMENT INC.
ZONING BY-LAW AMENDMENT AND
PLAN OF SUBDIVISION
APPLICATIONS TO PERMIT 13 RESIDENTIAL
SINGLE DETACHED LOTS
201 HELEN AVENUE (FORMERLY 161 HELEN AVENUE)
AND 207 HELEN AVENUE (FORMERLY 171 HELEN AVENUE)
SOUTH UNIONVILLE PLANNING DISTRICT
(ZA 06 134709 & SU 06 134653) (10.5, 10.7)
Report Attachment
The Chair advised the subject of the Public Meeting
this date was to consider an application submitted by Flato Management Inc. for
a zoning by-law amendment and draft plan of subdivision application to permit
thirteen single detached lots at 201 and 207 Helen Avenue (ZA 06 134709 and SU
06 134653).
The Committee Clerk advised that 150 notices were mailed on May 30, 2007, and a Public Meeting
sign was posted on May 22, 2007. One written submissions were received
regarding this proposal.
Staff gave a presentation regarding the proposal, the
location, surrounding uses and outstanding issues. Staff advised the applicant
has provided an Environmental Site Assessment (ESA) and an Environmental Noise
Analysis which are currently being reviewed.
Shakir Rehmatullai, owner of the subject property was in
attendance to respond to any questions.
There were no comments from the audience with respect to
this application.
The Committee questioned if this item could go directly
forward to Council. Staff advised that
the application is dealing with a Zoning By-law amendment and Draft Plan of
Subdivision and, as a result, the conditions of the Subdivision need to be
completed and staff would like to bring the application back as a package. Staff will work on the application throughout
the summer recess and bring it forward in the Fall.
Moved by: Councillor A. Chiu
Seconded by: Councillor D.
Horchik
That the written submission from Glen Baron in support of the proposed
Draft Plan of Subdivision and Zoning By-law amendment by Flato Management (ZA
06 134709), be received;
That the
Development Services Commission report dated May 15,
2007,
entitled “Preliminary Report. Flato Management Inc. Zoning By-law Amendment and
Plan of Subdivision applications to permit thirteen single detached lots at 201
and 207 Helen Avenue (ZA 06 134709 & SU 06 134653)” be received;
And that
the Record of the Public Meeting held on June 19, 2007, with respect to the
proposed amendments to By-law 304-87 and draft plan of subdivision be received;
And further
that the applications by Flato Management Inc. to amend By-law 304-87, and for
a draft plan of subdivision be referred back to staff for a report and
recommendation.
CARRIED
7. DOUGSON INVESTMENTS INC. (NISSAN)
1475398 ONTARIO INC. (BMW)
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT TWO ADDITIONAL
AUTOMOTIVE DEALERSHIPS ON THE
EAST SIDE OF KENNEDY ROAD,
NORTH OF HELEN AVENUE IN SOUTH UNIONVILLE
(OP.06-132776 AND ZA.06-132779) (10.3, 10.5)
Report Attachment
The Chair advised the subject of the Public Meeting
this date was to consider an application submitted by Dougson Investments Inc.
(Nissan)/1475398 Ontario Inc. (BMW) to amend the Official Plan (Revised 1987)
and zoning by-laws to permit two additional automotive dealerships on the east
side of Kennedy Road, north of Helen Avenue in South Unionville (ZA 06-132776
and OP 06 132779).
The Committee Clerk advised that 1512 notices were mailed on
May 30, 2007, and a Public
Meeting sign was posted on May 30, 2007. Five written submissions were received
regarding this proposal.
Staff clarified that the public meeting pertained only to
the BMW portion of the lands and gave a presentation on the following: the
history of applications on this property, the planned function of the Community
Amenity Area designation and the nature of the proposed amendment, the
location, surrounding uses and outstanding issues. Outstanding issues to be addressed include
maintining the planned function, compatibility with surrounding uses,
submission of reports and plans, site plan remains to be submitted, and
comments from the TRCA are required.
Mr. Chris Sauer
representing the South Unionville Community Association delivered a
presentation to Committee outlining his concerns with the proposed
application. He stated that adding
another dealership will increase traffic flow on the residential streets. He also stated the proposal does not support
the vision for the Community of South Unionville. Mr.
Sauer suggested that development of community amenities would be a better
option since currently none exist in South Unionville. A signed petition was submitted by Mr. Sauer
on behalf of the residents of South Unionville.
Mr. Shakir Rehmatullah addressed the Committee stating he is
not in opposition to the application.
Mr. Rehmatullah owns the property next to the Nissan land and stated
that a road will be built running north south between South
Unionville and Helen Avenue
and would like to ensure this doesn’t affect potential for future development
of his land.
Staff advised that the Nissan dealership is proposing to
eliminate that road and they are currently in discussion with BMW and
Nissan. Staff assured the Committee they
will continue to involve Mr. Rehmatullah in their discussions.
Mr. Rick Merrell, The Planning
Partnership Ltd, representing the owners of the lands located in the southeast
quadrant of the intersection of Kennedy Road
and the future South Unionville Boulevard. Mr. Merrell submitted a letter outlining the
process that has been undertaken to date by the applicant and other landowners. He advised that the BMW lands do not abut the
residential area to the east and will not ask for additional access on Helen
Avenue. Mr.
Merrell reported that their immediate plans do not call for the development of
a second dealership but, will in the future.
The Committee asked to see the original site plan conditions
approved from approximately five years ago for the BMW site and ensure that
they are complying with those conditions.
Mr. Al Duffy, Queensville
Properties, stated that they are not proposing additional access on Helen
Avenue. He
advised that they currently have access on Kennedy
Road which will not impact traffic in the
residential areas. Mr. Duffy stated that
all loading and unloading of vehicles is done on site and not on the roads.
The Committee asked about the outstanding OMB issue. Mr. Duffy advised that there is a severance
condition relating to obtaining clearance from the South Unionville Developers
group. The OMB conditions pertaining to
fencing and landscaping have not been complied with pending the outcome of the
current Nissan and BMW applications. A
letter was received approximately two weeks ago with a number they are willing
to settle with.
Ms. Maria Gatzios, Gatzios Planning
representing the Nissan lands advised that they suggested to have the two
applications dealt with separately. Ms.
Gatzios is still working through issues with staff and working together with
the other applicants to come up with comprehensive solutions. She stated that they didn’t want to hold up
the BMW application and felt splitting the applications would be
appropriate. Ms. Gatzios requested the
Committee give formal confirmation to have the two proporerties (BMW and
Nissan) dealt with separately.
The Committee asked if there are currently any other
businesses on South Unionville of this nature. Staff advised there are no businesses on
South Unionville and that currently all uses are residential.
Moved by: Mayor F.
Scarpitti
Seconded by:
Councillor A. Chiu
The Committee recommends that the Nissan and BMW lands be
dealt with separately and that a Public Meeting be held in September for the
Nissan lands.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Councillor C.
Moretti
That the written submissions from Edward Mak, Glen Baron, Rita &
Hans Mueller, Maria Grazia Raponi, Eric and Maria Tonks, Imre and Betty Boroczi
in objection to the proposed Official Plan (Revised 1987) amendment and Zoning
By-law amendments by 1475398 Ontario Inc. – BMW (OP 06 132776, ZA 06 132779),
be received;
CARRIED
Moved by: Mayor F. Scarpitti
Seconded by: Councillor A. Chiu
That the Development Services Commission report dated June 3, 2003, entitled “Preliminary
Report. Dougson Investments Inc.
(Nissan)/1475398 Ontario Inc. (BMW).
Official Plan and Zoning B-law amendment applications to permit two
additional automotive dealerships on the east side of Kennedy
Road, north of Helen
Avenue in South Unionville
(ZA.06-132776 and OP.06-132779)” be received;
And that the Record of the Public Meeting held on June
19, 2007, with respect to the proposed Official Plan Amendment and Zoning
By-law Amendments to By-laws 304-87 and By-law 177-96, as amended, be received;
And further that the application by 1475398 Ontario
Inc. (BMW) to amend the Official Plan (Revised 1987) and Zoning By-laws 304-87
and By-law 177-96, as amended, be referred back to staff for a report and
recommendation.
CARRIED
8. MICHAEL JACOBS
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT FOUR SEMI-DETACHED
DWELLING UNITS AT 15 DEER PARK LANE,
MARKHAM VILLAGE
(ZA 07 110580) (10.5)
Report Attachment
The Chair advised the subject of the Public Meeting
this date was to consider an application submitted by Michael Jacobs for a
zoning by-law amendment to permit four semi-detached dwelling units at 15 Deer
Park Lane, Markham Village (ZA 07 110580).
The Committee Clerk advised that 108 notices were mailed on May 30, 2007, and a Public Meeting
sign was posted on May 30, 2007. No written submissions were received
regarding this proposal.
Staff gave a presentation regarding the proposal, the
location, surrounding uses and outstanding issues. Outstanding issue to be
addressed is: potential on-street parking is a concern on Deer
Park Lane and steps will be taken to prohibit
that.
Mr. Frank VanBethlehem, Vanbethlehem Architect Inc.
representing Michael Jacobs was in attendance to respond to any questions.
There were no comments from the audience with respect to
this application.
Moved by: Councillor J. Webster
Seconded by: Regional Councillor
J. Heath
That the report from the Development Services Commission dated May 15,
2007, entitled “Preliminary Report, Michael Jacobs, Application for Zoning
By-law Amendment to Permit Four Semi-Detached Dwelling Units at 15 Deer Park
Lane, Markham Village, ZA 07 110580” be received;
That the Record of the Public
Meeting held on June 19, 2007, with respect to the rezoning application
submitted by Michael Jacobs to amend By-law 1229, as amended, be received;
That the rezoning application by Michael Jacobs to amend
By-law 1229, as amended, be approved;
And that the proposed amendment to By-law 1229, as amended,
be enacted without further notice.
CARRIED
ADJOURNMENT
The
Development Services Public Meeting adjourned at the hour of 9:20
p.m.