MINUTES
DEVELOPMENT SERVICES PUBLIC MEETING
February 3, 2009 - 7:00 p.m.
Council
Chamber
Meeting No. 2
All
Members of Council
Development
Services
Chair: Councillor J. Webster
Vice-Chair: Councillor D. Horchik
Attendance
|
Councillor A. Chiu
Regrets
|
B. Karumanchery, Senior Development
Manager
R. Blake, Manager, West District
D. Cheng, Senior Planner
G. Day, Planner
T. Kanji, Senior Planner
A. Tari, Committee Clerk
|
The Development Services Public
Meeting convened at 7:02 PM in the Council Chamber with Councillor
J. Webster in the Chair.
DISCLOSURE OF PECUNIARY INTEREST
Councillor V. Burke disclosed an interest with respect to Item #1, as
her family owed a business located in the vicinity, and did not take part in
the consideration or discussion of or vote on the question of the approval of
such matter.
1. APPLICATIONS
BY A.V. BOMBINI HOLDINGS LTD
FOR RE-ZONING FROM INDUSTRIAL TO
BUSINESS CORRIDOR AND SITE
PLAN APPROVAL
TO PERMIT AN OFFICE BUILDING
AT 16 HARLECH COURT
(ZA 08-111725, SC 08-111742);
AND,
TOWN-INITIATED
OFFICIAL PLAN AMENDMENT
TO REMOVE
RESTRICTIONS ON PROFESSIONAL
AND BUSINESS OFFICE USES
WITHIN THE
GENERAL INDUSTRIAL AREA OF THE
THORNHILL SECONDARY PLAN
(OP 08- 08 115891) (10.5,
10.3)
Report Attachment
Mr. Biju Karumanchery, Senior
Development Manager advised that the subject of the Public Meeting this date
was to consider both a Town initiated amendment to the Thornhill Secondary Plan
to remove restrictions on professional and business office uses within the
general industrial area and an application submitted by A.V. Bombini Holdings
Ltd. for Zoning By-law amendment to permit an office building at 16 Harlech
Court (OP 08-115891, ZA 08-111725 and
SC 08-111742).
The Committee Clerk advised that 85 notices were mailed on January 14, 2009, and a Public
Meeting sign was posted on December
24, 2008. One written
submission was received regarding this proposal.
Staff gave a presentation regarding the proposal, the location and
surrounding uses. There are no outstanding
issues. Members of Council enquired
about height provisions in the by-law and the potential impact of height on the
residential neighbourhood to the north.
Staff indicated that a height limit reflecting the proposal would be
included in the by-law.
There were no comments from the audience with respect to this
application.
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That the correspondence from John and Cecilia
Ferreira, 9 Harlech Crt, be received.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That the Development Services Commission report dated
June 17, 2008, entitled “PRELIMINARY REPORT - Application by A.V. Bombini
Holdings Ltd. for re-zoning to permit professional and business office uses in
the Industrial (M) zone - ZA 08-111725 and, Town-initiated Official Plan amendment to remove
restrictions on professional and business office uses within the General Industrial Area of the
Thornhill Secondary Plan OP 08- 08 115891”, be received; and,
That the Record of the Public Meeting held on February
3, 2009, with respect to the proposed amendment to By-law 77-73; and, Town-initiated Official Plan amendment to
remove restrictions on professional and business office uses
within the General Industrial Area
of the Thornhill Secondary Plan, be received; and,
That the applications by A.V. Bombini Holdings Ltd. to
amend By-law 77-73; and, Town-initiated
Official Plan amendment to remove restrictions on professional
and business office uses within the
General Industrial Area of the Thornhill Secondary Plan, be approved;
and further,
That the proposed amendment to Zoning By-law 77-73 and
Town-initiated Official
Plan Amendment, be enacted without further notice.
CARRIED
2. APPLICATION
FOR ZONING BY-LAW AMENDMENT
TO PERMIT A GAS BAR, CAR WASH, AND
CONVENIENCE STORE WITH A
DRIVE-THROUGH FACILITY
AT 2801 ELGIN MILLS
ROAD EAST
CLERA HOLDINGS LIMITED
(ZA 08 121296) (10.5)
Report Attachment
Mr. Karumanchery advised that the
subject of the Public Meeting this date was to consider an application
submitted by Clera Holdings Limited for Zoning by-law amendment to permit a gas
bar, car wash, and convenience store with a drive-through facility at 2801
Elgin Mills Road East (ZA 08-121296).
The Committee Clerk advised that 65 notices were mailed on January 14, 2009, and a Public
Meeting sign was posted on January 12,
2009. No written submissions
were received regarding this proposal.
Staff gave a presentation regarding the proposal, the location,
surrounding uses and outstanding issues.
Certain Committee members expressed concerns regarding
the proposed convenience store with a drive-through facility. It was suggested that staff not permit the
drive-through or if it is permitted that the drive-through not be exposed to
the abutting arterial roads.
Mr. Don Dussault, Imperial Oil Limited, delivered a
PowerPoint presentation regarding the proposed development at 2801
Elgin Mills Road East. He advised that 41% of the property will be
landscaped and that only two access points into the complex have been approved
by the Region of York. Mr. Dussault
stated that the proposed drive-through is essential to this proposal and hopes
to work through the issues with staff.
He provided a detailed explanation in support of the applicant’s
decision to not have a full service component at this location. He expressed his view that Esso’s policy does
meet the requirements to provide full service to people with disabilities by providing
them with the opportunity to call the gas station in advance and make arrangements.
Certain members of Committee expressed the concern
that physically challenged individuals would have to call 24 hours in advance
to make arrangements for assistance with obtaining gas.
Moved by Councillor D.
Horchik
Seconded by Councillor C.
Moretti
That the Development Services Commission report dated
December 2, 2008, entitled “PRELIMINARY REPORT - Application for Zoning By-law
Amendment to permit a gas bar,
car wash, and convenience store with a drive-through facility at 2801 Elgin
Mills Road East - Clera Holdings Limited, file # ZA 08 121296”, be received;
and,
That the Record of the Public Meeting held on February
3, 2009, with respect to the proposed amendment to By-law 177-96 to permit a gas bar, car wash, and
convenience store with a drive-through facility at 2801 Elgin Mills Road East,
be received; and further,
That staff be directed to prepare a recommendation
report on the application by Clera Holdings Limited to amend Zoning By-law
177-96, as amended.
CARRIED
3. KYLEMORE
POST ROAD LIMITED
(VILLAGE GROCER)
APPLICATIONS FOR AN OFFICIAL
PLAN AMENDMENT,
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATION TO
PERMIT A
COMMERCIAL BUILDING.
4472 AND 4476 16TH
AVENUE
(OP.08-129443, ZA.08-118671
AND SC.08-118753) (10.3, 10.5, 10.6)
Report Attachment
Mr. Karumanchery advised that the
subject of the Public Meeting this date was to consider applications submitted
by Kylemore Post Road Limited (Village Grocer) for an Official Plan Amendment,
Zoning By-law Amendment to permit a commercial building at 4472 and 4476 16th
Avenue (OP 08-1294423, ZA 08 118671 and SC 08 118753).
The Committee Clerk advised that 159 notices were mailed on January 14, 2009, and a Public
Meeting sign was posted on January 13,
2009. No written submissions
were received regarding this proposal.
Staff gave a presentation regarding the proposal, the location and
surrounding uses. There are minor outstanding
issues to be resolved through the site plan process. Staff advised that the applicant is committed
to a LEED certified building.
There were no comments from the audience with respect to this
application.
There was considerable discussion regarding the proposed
Official Plan Amendment to re-designate the site from Neighbourhood Commercial
to Community Amenity Area. The Committee
stated concerns with respect to permitting broader uses on the site through the
new designation. Staff advised that the
permitted uses can be restricted through the Zoning By-law Amendment and the
site specific Official Plan Amendment to ensure that unwanted uses are
excluded. Staff also indicated that they
would explore with the Legal Department whether Neighbourhood Commercial
designation can be applied without holding another Public Meeting.
Moved by Mayor F.
Scarpitti
Seconded by
Councillor A. Chiu
That the
Development Services Commission report dated December 2, 2008, entitled
“Preliminary Report. Kylemore Post Road Limited (Village Grocer). Applications for an Official Plan Amendment,
Zoning By-law Amendment and Site Plan application to permit a commercial
building at 4472 and 4476 16th Avenue (OP 08 1294423, ZA 08 118671
and SC 08 118753)” be received; and,
That the Record of
the Public Meeting held on February 3, 2009, with respect to the proposed
amendments to the Town Official Plan and Zoning By-law 177-96 and By-law 304-87
be received; and,
That the
application by Kylemore Post Road Limited (Village Grocer) to amend the Town’s
Official Plan and Zoning By-law 177-96, as amended, and By-law 304-87, as
amended, be approved; and further,
That the proposed
amendments to the Town’s Official Plan and Zoning By-law 177-96, as amended,
and By-law 304-87 as amended, be enacted without further notice.
CARRIED
4. FAIRVIEW
& LAM INVESTMENTS LIMITED
APPLICATION FOR ZONING BY-LAW
AMENDMENT
TO ADD A PLACE OF WORSHIP TO
THE LIST
OF PERMITTED USES
9441 MARKHAM ROAD
(ZA 08-125551) (10.5)
Report Attachment
Mr. Karumanchery advised the subject
of the Public Meeting this date was to consider an application submitted by
Fairview & Lam Investments Limited for a Zoning By-law amendment to add a
place of worship to the list of permitted uses at 9441
Markham Road (ZA 08-125551).
The Committee Clerk advised that 33 notices were mailed on January 14, 2009, and a Public
Meeting sign was posted on January 12,
2009. No written submissions
were received regarding this proposal.
Staff gave a presentation regarding the proposal, the location and
surrounding uses. All concerns related
to this application have been addressed.
The Committee discussed the parking requirements for this
proposal. Staff advised that the parking
requirement was calculated based on a place of worship rate and that this was
confirmed by the Zoning department. Staff
also noted that the Zoning By-law Amendment would restrict the size of the
place of worship use to that currently proposed. Staff also advised that the transportation
department concurs with the results of the parking and traffic study submitted
by the applicant.
There were no comments from the audience with respect to this
application.
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
That the Development
Services Commission report dated November 18, 2008 entitled “Preliminary
Report, Fairview & Lam Investments Limited, Application for Zoning By-law
Amendment to add a Place of Worship to the list of permitted uses at 9441
Markham Road File Number ZA 08-125551” be received; and,
That the Record of
the Public Meeting held on February 3, 2009, with respect to the application by
Fairview & Lam Investments Limited for Zoning By-law Amendment, be
received; and,
That the
applications by Fairview & Lam Investments Limited for
Zoning By-law Amendment
to amend By-law 188-84, as amended, be approved; and further,
That the proposed amendments to By-law 188-84, as
amended, be enacted without further notice.
CARRIED
5. SEVEN
STAR PLAZA INC.
APPLICATION FOR OFFICIAL PLAN
AND
ZONING BY-LAW AMENDMENT TO
RE-DESIGNATE AND RE-ZONE THE
LANDS
TO COMBINE THEM WITH THE LANDS
TO THE
NORTH TO FACILITATE A COMPREHENSIVE
COMMERCIAL DEVELOPMENT AT 8495
MCCOWAN ROAD
(OP 08-120413 AND ZA
08-120455) (10.3, 10.5)
Report Attachment
Mr. Karumanchery advised the subject
of the Public Meeting this date was to consider an application submitted by
Seven Star Plaza Inc. for Official Plan and Zoning By-law amendment to
re-designate and re-zone the subject lands to allow it to be combined with the
lands to the north to facilitate a comprehensive commercial re-development at
8495 McCowan Road (OP 08-129443 and ZA 08-118671).
The Committee Clerk advised that 78 notices were mailed on January 14, 2009, and a Public
Meeting sign was posted on January 9,
2009. Three written
submissions were received regarding this proposal.
Staff gave a presentation regarding the proposal, the location,
surrounding uses and outstanding issues. Staff indicated that a formal site plan
application has not been submitted to-date.
Staff advised that if the Zoning By-law Amendment is enacted prior to
the submission of the site plan application that a Holding Provision (H) would
be placed on the Zoning By-law amendment.
Mr. Mark Eplett, applicant, addressed the
Committee to provide additional information regarding the proposed commercial
development at 8495 McCowan Road.
He advised that he has met with the residents on two occasions. Mr. Eplett indicated that many of the
resident’s concerns have been addressed such as: providing landscape and extra buffer to the
abutting properties, proposing a single storey building rather than a higher
one, all back lights have been lowered, the drive-through for the TD Canada
Trust Bank has been removed and all garbage and recycling containers will be
incorporated inside the buildings.
Mr. Alan Adams, 100 Southdale Drive, addressed the Committee regarding
the applications for the commercial re-development at 8495 McCowan Road and stated his opposition. He suggested that the Zoning By-law amendment
should not be considered until the site plan application has been submitted.
Mr. David Wiesenthal, 17 Southdale Drive, delivered a PowerPoint
presentation regarding the Seven Star Plaza redevelopment application and
requested additional information with regard to traffic. He stated his concern that this
proposal will have significant negative impact on current traffic congestion in
the area.
Mr. Ewart Kinsbury, 96 Southdale
Drive, addressed the Committee with respect to the
proposed commercial re-development at 8495 McCowan
Road and spoke in opposition. He suggested that the applications be put on
hold until the applicant submits a site plan application.
Mr. Ben Milosevski, 98 Southdale
Drive, addressed the Committee regarding the
proposed commercial re-development at 8495 McCowan
Road. He
stated that his backyard abuts the subject property and would like to see the
site plan before providing his comments.
Mr. Ross Anderson, 11 Gladiator Road, addressed the Committee with
respect to the proposed commercial re-development at 8495
McCowan Road and stated his opposition. He believes the lands should remain for
residential use.
Staff advised that under the Planning Act
complete applications must be dealt with by Council within 120 days of
submission and that after that time frame if the application has not been dealt
with the applicant has the option of appealing the matter to the Ontario
Municipal Board. Staff noted that an
application can be deferred with the applicant’s concurrence with limited
consequence. Staff also advised that
most of the resident’s concerns will be addressed during the site plan process.
The Committee enquired if there is the possibility of aligning the
entrance of this plaza with the entrance of the plaza to the west to try and
have the Region of York permit a traffic light.
Staff advised that the owners of both properties would have to agree to
the alignment and discussion with the Region of York would be required regarding
distance separation from the traffic lights.
The Committee suggested that with the applicant’s agreement, the
applications be deferred to provide an opportunity for the Ward Councillor to
hold a Community Information Meeting and perhaps establish a working group.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That the correspondence from David Wiesenthal,
Alex A. Abernethy and Ian J. Lord, WeirFoulds LLP, be received.
CARRIED
Moved by
Councillor C. Moretti
Seconded by Mayor
F. Scarpitti
That the
Development Services Commission report dated November 18, 2008 entitled
“Preliminary Report, Seven Star Plaza Inc., Applications for Official Plan and
Zoning By-law Amendment to re-designate and re-zone the lands to combine them
with the lands to the north to facilitate a comprehensive commercial
development at 8495 McCowan Road” be received; and,
That the Record of
the Public Meeting held on February 3, 2009, with respect to the applications
by Seven Star Plaza Inc., Official Plan and Zoning By-law
Amendment, be received; and,
That the
Ward Councillor hold a Community Information Meeting to try and resolve the
issues; and further,
That staff be
directed to prepare a recommendation report that
includes the proposed site plan supporting the applications
submitted by Seven Star Plaza Inc and report back to the
Development Services Committee by April 2009.
CARRIED
ADJOURNMENT
The Development Services
Public Meeting adjourned at 9:35 PM.