Arvin Prasad, Commissioner, Development Services, introduced this item as related to the recommendation report for the Comprehensive Zoning By-law, which he explained is not just a consolidation of historic by-laws but a new comprehensive and complete by-law. Commissioner Prasad advised that following the public meeting on September 18, 2023, Staff have considered comments and undertaken further consultation. Commissioner Prasad thanked the other commissioners and their departments for the work taken to get to this point and introduced Brad Roberts to deliver a presentation.
Brad Roberts, Manager, Zoning & Special Projects, provided a presentation.
The Committee provided the following feedback:
- Asked about provisions for tents within the by-law. Mr. Roberts advised that certain provisions surrounding tents have been removed from the Comprehensive Zoning By-law to be more permissive, including noise and timeline restrictions, noting that the Buidling Code requires a site plan application for any tents erected for more than 12 weeks, which is also stipulated within the City's Site-Plan Control By-law.
- Asked if there are any areas in the City outside of car dealerships where outdoor storage would be permitted, particularly with respect to recreational vehicle (RV) storage. Mr. Roberts confirmed that he would double-check, noting that there may be permissions in general employment areas. Mr. Roberts clarified that the implementation of RV restrictions was delayed pending the parking strategy, which could contain recommendations surrounding RVs. Mr. Roberts advised that the Comprehensive Zoning By-law is a living document which will continue to evolve to new businesses, ideas, and concepts.
- Asked if there would be an update to the Noise By-law as amplified music is currently prohibited after 5PM, Sunday through Thursday. Commissioner Prasad confirmed that he would take it back to the By-law Department for further information, noting that noise is not something regulated by zoning.
- Inquired about future improvements to the interactive online component of the Comprehensive Zoning By-law. Mr. Roberts confirmed that the interactive component will continue to improve and evolve as it is not yet completed, noting that the initial goal was to finalize the By-law document in physical form, as required by the Planning Act.
- Asked for information on the communication plan for the Comprehensive Zoning By-law. Mr. Roberts advised that there were a number of public meetings related to the crafting of the by-law. Giulio Cescato, Director, Planning & Urban Design, further advised that there have been meetings with the City's Builders Forum to educate them on the by-law and that future training sessions with professionals are anticipated as the by-law is adopted. Mr. Roberts noted that appeals to the OLT are expected to the by-law, noting that efforts have been made through the consultation process to reduce the number of possible appeals.
- Advised that inquiries have been received from residents with corner lots, seeking severance of the property resulting in no longer having a backyard. Director Cescato advised that there are not as-of-right permissions with respect to severance, noting that any severance applications would be tested against the Planning Act and the City's Official Plan and to confirm if they comply with the lot pattern of the surrounding neighbourhood. Mr. Roberts added that zoning standards are based on the City's 2014 Official Plan, noting that lot frontages and areas could be looked at through the Official Plan review process if the Committee wishes to see further opportunity for intensification.
- Asked if the Comprehensive Zoning By-law allows for the demolition of a building to be replaced by a four-plex. Mr. Roberts advised that with the recent changes to the Building Code, considering all other requirements are met, three units can be put into an existing main building without the demolition of the existing structure.
Mike Everard, deputant, Planning Consultant for Catholic Cemetaries and Funeral Services Arch Diocese of Toronto, expressed concerns with the Comprehensive Zoning By-law as it relates to the last phase of the Holy Cross Cemetary. Mr. Everard advised that the 10.5 acre plot is currently zoned to permit a cemetery but noted that the Comprehensive Zoning By-law proposed a change to the zoning which would reduce the plot zoned for cemetery use to 2.5 acres.
Director Cescato advised that while the zoning proposed in the current version of the by-law conforms with the 2014 Official Plan, at the direction of Committee, the lands could be removed from the Comprehensive Zoning By-law.
Elizabeth Brown, deputant, expressed concerns with the increase from current floor area ratio and the loss of net lot area. Ms. Brown expressed that she feels that Thornhill, Unionville, and the remainder of Markham should be treated differently, noting that unique neighbourhoods in the City could be at risk. Ms. Brown provided comparisons between previous and new permissions through the Comprehensive Zoning By-law.
The Committee noted that rules within the Planning Act and Building Code have changed to allow for different permissions. Director Cescato confirmed that rules have changed with respect to the number of units but advised that the Planning Act has not loosened the reigns with respect to gross floor area.
The Committee asked if larger homes are being permitted on smaller lots in future urban areas. Mr. Roberts advised that in future urban areas built since 1996 lot coverage is typically not used as a tool to regulate the development. Mr. Roberts advised that Staff have attempted to develop standards that respect the transition of some neighbourhoods, noting that Staff do not support keeping net floor area as a tool within the by-law.
To further clarify, Mr. Roberts showed what is permitted as-of-right with respect to main building coverage. Mr. Roberts noted that the current permitted combined lot coverage is 70% for two storeys, which results in built forms which vary greatly, out of the control of the City. Mr. Roberts advised that in reducing the combined main building coverage to 50%, Staff have attempted to achieve a compromise.
Christiane Bergauer-Free, deputant, expressed appreciation for this iteration of the Comprehensive Zoning By-law, noting that she hopes it is adopted by Council.
Lincoln Lo, deputant, Principal, Malone Given Parsons, representing Cadillac Fairview, expressed concerns with the proposed zoning with respect to the former Buttonville Airport lands. Mr. Lo explained that on behalf of Cadillac Fairview, he had requested that these lands be included and zoned as business park, but because there was a current application related to the lands, it was excluded. Mr. Lo noted that the current uses are tailored more to the Buttonville Airport and asked that an exception be made to include the lands.
The Committee expressed interest in the development of a convention centre as part of the redevelopment of the Buttonville Airport lands, noting that there is shared interest with Richmond Hill. Mr. Lo advised that while Phase 1 is set, the parcel is large and could present other opportunities on the site. Mr. Lo confirmed that he has raised the possibility of a convention centre with the Owner of the site but advised that he could not confirm at this time if it would be incorporated into future phases.
Maria Gatzios, deputant and consultant, Gatzios Planning, on behalf of Markham District Energy, 7900 Birchmount Rd, requested that the performance standards and description of the proposed Transportation and Utility zone for this site be expanded upon as the current description is related to corridors and uses that does not include buildings, noting that the Markham District Energy site includes structures. Director Cescato agreed that Staff would be amenable to this change and that the description and performance standards could be updated by the time the by-law is before Council.
Maria Gatzios, deputant and consultant, Gatzios Planning, on behalf of Angus Glen Golf Club, requested a change to the proposed zoning of this site as it is proposed to be zoned Greenway 1, which would not permit a golf course. Ms. Gatzios requested that these lands be zoned OS-PR to permit the golf club as they would otherwise be non-conforming. Mr. Roberts advised that Staff are looking at a slight revision to the Greenway 1 designation to permit existing golf courses, noting that Staff are still evaluating this change.
Maria Gatzios, deputant and consultant, Gatzios Planning, on behalf of 4716 Elgin Mills Rd, a property in the future urban area, commented that there are delineations on the property between the Greenway 1 and Greenway 2 zone. Ms. Gatzios asked for the rationale for the delineation dividing the property between the two zones, as she mentioned not being aware of a study indicating that the property should be divided, presenting concerns with respect to future development applications. Mr. Roberts confirmed he would look into further specifics, noting that the majority of the greenway is mapped based on the greenway map and policies within the Official Plan.
Maria Gatzios, deputant and consultant, Gatzios Planning, on behalf of Markham MMM North Development Corp., Markham MMM South Development Corp, and Markham 5480 Major Mackenzie Development Corporation, asked why a portion of these lands were excluded from the review. Mr. Roberts advised that the portion excluded is subject to a Section 9 Policy which is required to be in conformity with the Official Plan, noting that Staff have not proceeded with site-specific amendments at this time.
Maria Gatzios, deputant and consultant, Gatzios Planning, on behalf of Bethesda Lutheran Church in Unionville, advised that the subject lands are currently zoned as R3, as is the surrounding area. Ms. Gatzios acknowledged the proposed zoning as a place of worship but expressed concerns that the Southern portion of the site remains zoned as residential. Ms. Gatzios requested that the designation as a place of worship be extended to the entire property to reflect the current use. Mr. Roberts acknowledged that it would be logical to extend the place of worship zoning to the entire property.