MINUTES
DEVELOPMENT SERVICES COMMITTEE
2005-03-01
Meeting No. 5
PART A - 11:00 a.m. - Canada Room
PART B - 1:00
p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
J. Baird, Commissioner of
Development Services
A. Taylor, Commissioner of Corporate
Services
L. Valentini, Assistant
Town Solicitor
B. Cribbett, Treasurer
V. Shuttleworth, Director of
Planning and Urban Design
A. Brown, Director of Engineering
D. Clark, Town Architect
L. Irvine, Manager, Parks and Open
Space Planning
T. Lambe, Manager, Policy and
Research
M. Boyce, Senior Policy Coordinator
R. Kendall, Senior Project
Coordinator
L. Duoba, Project Coordinator
T. Northcott, Senior Economic
Development Officer
D. Ciastko, Economic Development
Officer
M. Wouters, Senior Planner
D. Cheng, Planner
T. Williams, Planner
S. Bordone, Development Technician
K. Bavington, Committee Clerk
|
The Development Services Committee convened at the hour of 11:15 a.m. in the Canada Room with Councillor
G. McKelvey in the Chair.
DISCLOSURE OF INTEREST – none declared
1. ANGUS
GLEN GOLF CLUB 10TH ANNIVERSARY
COLLECTOR’S EDITION JOURNAL (10.16) Report
Moved by: Councillor K. Usman
Seconded by: Regional Councillor B. O’Donnell
That the report entitled
“Angus Glen Golf Club 10th Anniversary Collector’s Edition Journal”
be received;
And that the Town authorize
the Economic Development Department to participate as a sponsor in the journal
up to a maximum of $5,000 from Account # 610-998-5808, and to work with the
Corporate Communications Department to create a congratulatory message from the
Mayor and Council and a Town profile for the Journal.
CARRIED
2. PREPARATION
OF A TOWN-WIDE PATHWAYS
AND TRAILS MASTER PLAN
(6.3) Report
Staff
was directed to include the Cycling and Pedestrian Advisory
Committee in the process of developing the plan. It was suggested that a
50-year pathways and trails plan, to connect Markham
corner-to-corner, would be beneficial.
Moved by: Councillor D. Horchik
Seconded by: Councillor K. Usman
That
the report to Development Services Committee dated March 1, 2005
entitled “Preparation of a Town-wide Pathways and Trails Master Plan” be
received;
And
that Council endorse the use of the balance of funds, in the amount of $69,106,
in Planning and Urban Design’s Capital Account #59-5350-2525-005 (formerly a
Parks Construction and Maintenance account for pathway link construction) for
the purpose of creating a “Town-wide Pathways and Trails Master Plan”;
And
that, Council approve the retention of a consultant in accordance with
Purchasing By-law 2004-341 to develop a “Town-wide Pathways and Trails Master
Plan” and that funding be provided from Planning and Urban Design’s Capital
Account #59-5350-2525-005, “Pathways”;
And that the Cycling and Pedestrian Advisory
Committee be consulted in the process of developing the “Town-wide Pathways and
Trails Master Plan”;
And
further that, staff provide regular updates to Development Services Committee
on the progress of the “Town-wide Pathways and Trails Master Plan”.
CARRIED
3. R. CORONA PROPERTIES CORPORATION
4491 HIGHWAY 7 EAST, SOUTH
EAST CORNER OF
HIGHWAY 7 EAST AND MAIN STREET
UNIONVILLE
ZONING BY-LAW AMENDMENT TO
PERMIT ADDITIONAL USES
(ZA 04
026009)(10.5) Report
Staff advised that the
list of permitted uses has been narrowed, to the satisfaction of the public and
the applicant.
Moved by: Councillor A. Chiu
Seconded by: Councillor D. Horchik
That the staff report
entitled “Recommendation Report: 4491 Highway 7 East (R. Corona Properties
Corporation) South east corner of Highway 7 East and Main Street Unionville;
Application for zoning amendment to permit additional uses, Concession 5, Part
Lot 10, 64R-3604 Part 1 (ZA 04 026009)” be received;
And that the zoning by-law amendment application (ZA 04 026009) to
amend By-law 122-72 as amended, submitted by R. Corona Properties Corporation
to permit additional uses on the lands municipally known as 4491 Highway 7 East
be approved and the draft Zoning By-law, be finalized and enacted.
CARRIED
4. BUSINESS CORRIDOR AREA
OFFICIAL PLAN AMENDMENT
(M1.491) (10.3) Report
Staff advised that members of the public have indicated that they are
satisfied with the revised amendment.
Moved by: Councillor D. Horchik
Seconded by: Councillor K. Usman
That the staff report entitled “Business Corridor Area Official Plan
Amendment (M1.491)” dated March
1, 2005, be received;
And that the draft Official Plan amendment, revised as outlined in the
report, be recommended to Council for adoption.
CARRIED
Public
Meetings – to Council
5. ROMANDALE FARMS/404 DEVELOPMENT INC.
10350 WOODBINE AVENUE
ZONING BY-LAW AMENDMENT TO
PERMIT YARD
ENCROACHMENTS FOR LANDINGS, STAIRS SERVING LANDINGS,
AND COLD CELLARS UNDER
LANDINGS WITHIN THE
CATHEDRAL TOWN PHASE 1
SUBDIVISION (ZA 04 027291) (10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed zoning by-law amendment File ZA 04 027291,
submitted by Romandale Farms/404 Development Inc., to permit yard encroachments
for landings, stairs serving landings, and cold cellars under landings at 10350
Woodbine Avenue, within the Cathedral Town Phase I subdivision.
Committee was advised that 30
notices were mailed on February 9, 2005, and a Public Meeting sign was
posted on February 3, 2005. Committee received one written
submission from Tara Clayton of York Region, in support.
There were no comments from
the audience with respect to this application, and the Committee had no
concerns.
Moved by: Councillor A. Chiu
Seconded by: Councillor D.
Horchik
That the written submission
from Tara Clayton of York Region, in support of the zoning by-law amendment
File ZA 04 027291, submitted by Romandale Farms/404 Development Inc., be
received;
And that the
Development Services Commission information report dated January 25, 2005,
entitled “Preliminary Report – Application by Romandale Farms/404 Development
Inc, for a Zoning By-law Amendment to permit yard encroachments for landings,
stairs serving landings, and cold cellars under landings within the Cathedral
Town Phase I Subdivision at 10350 Woodbine Avenue (File ZA 04 027291)” be
received;
And that the
Record of the Public Meeting held on March 1, 2005, with respect to the
application by Romandale Farms/404 Development Inc. for a zoning by-law
amendment, be received;
And further
that the draft amendment to By-law 177-96 be referred to Council for approval.
CARRIED
6. PALMA CARONA, 165 LANGSTAFF ROAD EAST
ZONING BY-LAW AMENDMENT TO
REMOVE THE
‘H’ PROVISION TO PERMIT
RECONSTRUCTION OF A
BUILDING DESTROYED BY FIRE (ZA
04 026487) (10.5)
The Chair
advised that the subject of the Public Meeting this date was to consider the
proposed zoning by-law amendment File ZA
04 026487, submitted by Palma Carona, to remove the ‘H’ provision to permit
reconstruction of a building destroyed by fire at 165 Langstaff Road East.
Committee was
advised that 36 notices were mailed on February 9, 2005, and a Public Meeting sign was
posted on February 7, 2005. Committee received two written
submissions from:
1. Tara Clayton of York Region – in
support
2. Brian Constans of Cosini Properties
Inc., 203 Langstaff Road East,
– in objection.
Staff
gave a presentation regarding the proposal, the location and surrounding uses.
There were no comments from the audience with respect to this application, and
the Committee had no concerns.
Moved
by: Councillor S. Daurio
Seconded
by: Regional Councillor B. O’Donnell
That the
written submission from Tara Clayton of York Region, in support, and from Brian
Constans of Cosini Properties Inc., in objection to the zoning by-law amendment
File ZA 04 026487, submitted by Palma Carona, be received;
And that the
Development Services Commission information report dated January 25, 2005,
entitled “Preliminary Report – Application by Palma Carona for Zoning By-law
Amendment to remove the ‘H’ provision to permit reconstruction of a building
destroyed by fire at 165 Langstaff Road East File No. ZA 04 026487” be
received;
And that the
Record of the Public Meeting held on March 1, 2005, with respect to the
application by Palma Carona for zoning by-law amendments, be received;
And further
that the draft amendment to By-law 2551 be referred to Council for approval.
CARRIED
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Other
matters considered by Development Services Committee on March 1, 2005:
7. AFFORDABLE HOUSING FINANCIAL INCENTIVES
STUDY
(10.7, 7.0)
Staff made a presentation on the Affordable Housing
Financial Incentives Study. The presentation included the background of
Federal, Provincial, and Markham programs, a review of key definitions and
statistics, and available options.
Committee discussed approaches to funding the
estimated $ 65,000 gap between the construction cost for each unit and the
affordable sale price. Options include providing grants, reducing or deferring
permit fees, Development Charges and cash-in-lieu of parkland contributions, or
offering surplus municipal lands first to affordable housing providers.
Issues for consideration are: how much of the gap is
it appropriate for Markham
to cover; determination of funding source; how is the “affordability” of the
unit protected into the future; and, what is a fair contribution from the
Province. Committee expressed concern for the complex issues and social
policies involved, and the need for the Province to provide further guidance.
A report will be presented to General Committee in the
near future, outlining recommendations for an affordable housing financial
policy framework.
Moved by: Councillor J. Virgilio
Seconded by: Councillor E. Shapero
That the staff presentation regarding the Affordable
Housing Financial Incentives Study be received.
CARRIED
8. PROVINCIAL POLICY STATEMENT (13.2.5)
Staff made a presentation regarding the revised Provincial
Policy Statements, as part of the Province’s recent Planning Reform
initiatives. Staff confirmed that this action is more supportive of local
government, and Committee noted that it is an opportunity to promote TIFFs and
other tools.
Moved by: Regional Councillor J. Jones
Seconded by: Councillor E. Shapero
That the staff presentation regarding Provincial
Policy Statements be received.
CARRIED
9. ONTARIO
HYDRO SECONDARY LAND
USE PROGRAM (13.8)
Staff made a presentation on the Ontario Hydro
Secondary Land Use Program, which identifies appropriate uses for corridor
lands, such as light rail transit, trails, and parking lots. Staff identified
existing uses on various parcels of Hydro corridor lands within Markham.
Draft recommendations to the Province were reviewed. A further staff report
will be presented to Development Services Committee in the near future.
Moved by: Councillor J. Virgilio
Seconded by: Councillor E. Shapero
That the staff presentation regarding the Ontario
Hydro Secondary Land Use Program be received.
CARRIED
10. HERITAGE
MARKHAM COMMITTEE MINUTES
- February 9, 2005 (16.11) Minutes
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That the
minutes of the Heritage Markham Committee meeting held February 9, 2005, be
received for information.
CARRIED
11. COMMERCIAL
POLICY REVIEW COMMITTEE MINUTES
- February 21, 2005 (10.8, 16.0) Minutes
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That the
minutes of the Commercial Policy Review
Committee meeting held February 21,
2005, be received for information.
CARRIED
12. REPORT
ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF JANUARY 21, 2005 TO FEBRUARY 4, 2005
(10.0) Report
Moved by: Regional Councillor J. Heath
Seconded by: Councillor J. Virgilio
That
Committee receive the report entitled “Report on Incoming Planning Applications
for the period of January 21,
2005 to February 4, 2005” and direct staff to
process the applications in accordance with the route outlined in the report;
And that the Site Plan Approval application, File SC 05 006718,
submitted by Miller Paving Limited, be brought forward to the Development
Services Committee.
CARRIED
13. DELEGATED APPROVALS UNDER
BY-LAW 2002-202
(DM 2001-03) (10.6) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That Council be advised that in
accordance with Delegation By-law 2002-202, and additional site specific
delegations authorized by Development Services Committee, the Commissioner of
Development Services or the Director of Planning and Urban Design have approved
applications listed in the report dated March 1, 2005.
CARRIED
14. WORLD
TECH CONSTRUCTION INC., 181 HELEN AVENUE
ZONING BY-LAW AMENDMENT TO
PERMIT 6 RESIDENTIAL LOTS
SOUTH UNIONVILLE PLANNING
DISTRICT (ZA 05 006246)(10.5) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That the staff report
entitled “Preliminary Report:
World Tech Construction Inc., Application to amend the zoning by-law to
permit 6 residential lots, 181 Helen Avenue, South Unionville Planning District
(ZA 05 006246)” be received;
And that a Public Meeting
be held to consider the zoning application (ZA 05 006246).
CARRIED
15. YORK REGION CONDOMINIUM CORPORATION NO.
279
31 PORTERFIELD CRESCENT,
THORNHILL SECONDARY
PLAN AREA, OFFICIAL PLAN AND
ZONING BY-LAW
AMENDMENTS (OP 05 006539 ZA 05
006552) (10.3, 10.5) Report
Moved by: Councillor S. Daurio
Seconded by: Councillor A. Chiu
That a Public
Meeting be held to consider the applications submitted by York Region Condominium Corporation No. 279
for Official Plan and Zoning By-law Amendments (Files OP 05 006539, ZA 05
006552) to permit construction of a management office.
CARRIED
16. 1612861 ONTARIO LIMITED, 361 JOHN STREET,
THORNHILL
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPROVAL
(ZA 04 029181, SC 04 029182) (10.5,
10.6) Report
Committee expressed concern for the possibility of
contaminated soil on the site, and directed staff to review this matter prior
to holding the Public Meeting.
Moved by:
Seconded by:
That a Public Meeting be held to consider the zoning
by-law amendment application (File ZA 04 029181) submitted by 1612861 Ontario
Limited to permit a banquet hall at 361 John Street, located east of Bayview
Avenue on the south side of John Street within the Thornhill Secondary Plan
Area;
And that staff be directed to
review the possibility of contaminated soil on the site, prior to holding the
Public Meeting.
CARRIED
17. CANADIAN NATIONAL RAILWAY COMPANY
SOUTHWEST CORNER OF MARKHAM
ROAD AND 14TH AVE.
REZONING APPLICATION TO PERMIT
COMMERCIAL
DEVELOPMENT (ZA 05 006909) (10.5) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That a Public Meeting be held to consider a zoning
by-law amendment application (File No. ZA 05 006909) and any required Official
Plan amendment application, by the Canadian National Railway Company to permit
commercial development near the southwest corner of Markham Road and 14th
Avenue;
And that staff schedule the Public Meeting after the
Ministry of Municipal Affairs and Housing has confirmed the appropriate course
of action with respect to the Parkway Belt West Plan as it relates to the
subject lands.
CARRIED
18. ELIZA WAI CHIU IN TRUST AND KU
CHU-SHING
EAST SIDE OF EUREKA STREET,
PLAN 335 PT LOT J
UNIONVILLE HERITAGE
CONSERVATION DISTRICT
ZONING BY-LAW AMENDMENT TO
PERMIT A NEW SINGLE
FAMILY HOME (ZA 04 258597, SC
04 258597) (10.5, 10.6) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That a Public Meeting be held to consider the
applications (ZA 04 258597, SC 04 258597)
submitted by Eliza Wai
Chiu in Trust and Ku Chu-Shing for a Zoning By-law Amendment to permit a new
single family home on the property on the east side of Eureka
Street, Unionville (Plan 335, Pt Lot J).
CARRIED
19. LIFESTYLE
CENTRES (6.6) Report
Committee debated the merits
of a study tour of Lifestyle Centres, and noted that the benefits could be
applied to other areas of the Town, besides Markham Centre.
Moved by: Councillor S. Daurio
Seconded by: Regional Councillor J. Jones
That the report dated March
1, 2005,
entitled “Lifestyle Centres” be received;
And that Committee consider
the merits of visiting a number of Lifestyle Centre sites in the United States,
with a view to identifying current best practices for commercial and mixed use
development;
And that staff be directed to
organize a tour for interested members of the Markham Centre Steering Committee
and the Commercial Policy Review Sub-Committee (and other
identified Members of Development Services Committee) to visit leading examples
of such Lifestyle Centres;
And that staff report back on
budget implications, a proposed tour outline and possible dates.
CARRIED
20. MINISTRY OF TRANSPORTATION
REGARDING SUPPORT AND FUNDING
FOR
MARKHAM CENTRE YORK REGION
INNITIATIVES (13.2.7)
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the
correspondence from the Ministry of Transportation, dated February 2, 2005,
regarding support and funding for Markham Centre and York Region’s Quick Start
and other rapid transit initiatives, be received.
CARRIED
21. TOWNSHIP OF UXBRIDGE, COPY OF LETTER TO
MINISTER OF MUNICIAPAL AFFAIRS
AND HOUSING
REQUESTING EXTENSION OF
DEADLINE FOR CONFORMITY WITH
THE OAK RIDGES MORAINE
CONSERVATION PLAN (13.2.5, 13.5.2)
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the
correspondence dated February 9, 2005, from the Township of Uxbridge to the
Minister of Municipal Affairs requesting an extension of the deadline for
conformity with the Oak Ridges Moraine Conservation Plan from March 9, 2005
until a later date, be received.
CARRIED
22. CITY OF TORONTO, WORKS COMMITTEE REPORT 1, CLAUSE 3
REGARDING STEELES AVENUE
EAST/GO TRANSIT RAILWAY
GRADE SEPARATION CLASS
ENVIRONMENTAL ASSESSMENT
(SPLENDID CHINA/PACIFIC MALL)
(13.5.2, 5.10)
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the
correspondence from the City of Toronto dated February 7, 2005, advising of Toronto
Council’s adoption of the Works Department Report 1, Clause 3, regarding
Steeles Avenue East/Go Transit Railway Grade Separation Class EA (Splendid
China/Pacific Mall), be received.
CARRIED
23. RENEE TORRINGTON, PARENT-TEACHER ASSOCIATION
OF CORNELL VILLAGE, REQUESTING
APPROVAL
TO AUCTION A STREET NAME
(10.14)
Committee
discussed the difficulties associated with allowing the public to be involved
in naming streets, and considered requesting a staff report on establishing
policies and processes that would be required. Committee determined to take no
action at this time.
Moved by: Mayor D. Cousens
Seconded by: Regional Councillor B. O’Donnell
That the
correspondence dated February 15, 2005, from Renee Torrington, member of the
Parent-Teacher Association of Cornell Village, requesting approval to auction a
street name to raise funds for playground equipment, be received.
CARRIED
24. NEW BUSINESS:
STREET NAME – LAHORE ROAD
(10.14)
Committee considered a request by some residents to
change the name of the street currently called “Lahore
Road”.
Moved by: Councillor K. Usman
Seconded by: Mayor D. Cousens
* That the street name remain as “Lahore
Road”.
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* Amended
by Council on March 8, 2005, to read as
follows:
“That the matter of the street
name Lahore
Road be deferred
and referred to staff to investigate solutions;
And that the residents who
addressed Committee this date be notified when the matter comes forward for
consideration.”
CARRIED
25. NEW BUSINESS:
MARKHAM CENTRE STEERING
COMMITTEE (16.19)
Committee discussed the importance of Markham Centre
issues, and determined that all Council members should be involved in the
process.
Moved by: Regional Councillor B. O’Donnell
Seconded by: Councillor D. Horchik
That the Markham Centre Steering Committee be dissolved
and that regular Markham Centre updates be provided at Development Services
Committee meetings.
CARRIED
----------------------------------------------------------------------------------------------------
IN CAMERA
Moved by: Councillor D. Horchik
Seconded by: Regional Councillor J. Heath
That the Development
Services Committee recess in-camera at 2:06 p.m. to consider a property matter.
CARRIED
26. PROPERTY
MATTER (5.0)
Moved by: Councillor S. Daurio
Seconded by: Councillor A. Chiu
That the Committee rise from in-camera at 2:16 p.m.
CARRIED
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PART C
Public Meeting
7:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
V. Shuttleworth, Director of
Planning and Urban Design
R. Hutcheson, Manager of Heritage
B. Karumanchery, Senior Project
Coordinator
S. Kitagawa, Acting Senior Project
Coordinator
T. Williams, Planner
N. Surti, Planner
K. Bavington, Committee Clerk
|
The Development Services Committee convened at the hour of 7:00 p.m. in the Council Chamber with
Councillor G. McKelvey in the Chair.
27. RUSKINVALE DEVELOPMENTS LIMITED, 337
JOHN STREET
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO PERMIT COMMERCIAL SELF
STORAGE AND ASSOCIATED
DEVELOPMENT STANDARDS (ZA 05
006240, OP 05 006243) (10.3, 10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Official Plan and zoning by-law amendment
Files OP 05 006243 and ZA 05 006240, submitted by Ruskinvale Developments Limited,
to permit commercial self storage and associated development standards at 337
John Street.
Committee was advised that 40
notices were mailed on February 9, 2005, and a Public Meeting sign was
posted on February 9, 2005. Committee received one written submission
from Andrew Veltri, 338 John Street, stating concerns.
Staff gave a presentation
regarding the proposal, the location and surrounding uses. The Site Plan
Approval application relating to the subject Official Plan and Zoning By-law
applications, has been appealed to the Ontario Municipal Board, and the OMB
Hearing has been adjourned until March 22, 2005, to allow the applicant to submit
the subject applications.
Committee expressed concern
for the possibility of contaminated soil on the site, and directed that an
update be provided on the Phase 2 Environmental Assessment, submitted by the
applicant and currently undergoing peer review. Due to the time constraints of
the OMB hearing, the update was requested for Committee of the Whole on March
8, 2005.
Staff will contact Mr. Veltri regarding his correspondence referring to
contamination concerns.
Staff reviewed the permitted
uses, and confirmed that GO Transit has indicated they have no interest in the
site as a GO station.
Joanne Barnett of Kerbel Group
Inc., and the applicant, both representing Ruskinvale Developments Limited,
were in attendance to respond to Committee’s questions. There were no comments
from the audience with respect to this application.
Moved by: Councillor E.
Shapero
Seconded by: Councillor J.
Virgilio
That the written submissions
from Andrew Veltri, stating concerns regarding Official Plan and zoning by-law
amendment Files OP 05 006243 and ZA 05 006240, submitted by Ruskinvale
Developments Limited, be received;
And that the report from
Development Services Commission dated January 25, 2005, entitled “Preliminary Report:
Application for Official Plan Amendment and Zoning By-law Amendment to Permit
Commercial Self Storage and Associated Development Standards” (Ruskinvale Developments
Limited, Files OP 05 006243 and ZA 05 006240) be received;
And that the Record of the
Public Meeting held on March 1, 2005, with respect to the proposed amendment to
By-law 77-73, as amended, be received;
And that the following
recommendation be referred to Committee of the Whole on March 8, 2005, for a staff update on the Phase 2 Environmental
Assessment:
“That
the application by Ruskinvale Developments Limited to amend By-law 77-73 as
amended, be approved;
And
that the proposed amendment to the Official Plan (Revised 1987) and By-law
77-73, as amended, be enacted without further notice.”
CARRIED
28. FOREST BAY HOMES LIMITED
EAST OF MORNINGSIDE TRIBUTARY,
NORTH OF STEELES AVENUE,
OFFICIAL PLAN, REZONING, AND
PLAN OF SUBDIVISION
TO PERMIT 618 RESIDENTIAL UNIT
SUBDIVISION
(OP
98 22437, ZO 98 224946, SB 98 224944) (10.3, 10.5, 10.7)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Official Plan and zoning by-law amendments
and Plan of Subdivision, Files OP 98 22437, ZO 98 224946, SB 98 224944,
submitted by Forest Bay Homes Limited to permit a 618 residential unit
subdivision east of Morningside Tributary and north of Steeles Avenue.
Committee was advised that 51
notices were mailed on February 9, 2005, and a Public Meeting sign was
posted on February 8, 2005. Committee received one written
submission from Geoff Woods of CN Railway, with comments.
Staff gave a presentation
regarding the proposal, the location and surrounding uses. These applications
were originally received in 1998, and a Public Meeting had been held in 2001. In
accordance with Department practices, a further Public Meeting is being held. An
Environmental Review is being prepared for three areas encroaching on the 10-metre
buffer of the Morningside Tributary.
Committee requested that staff
work with the applicant to increase the buffer area. Committee discussed issues
relating to the widening of Steeles Avenue, and preservation of the Heritage
house on the site.
There were no comments from
the audience with respect to this application.
Moved by: Councillor K. Usman
Seconded by: Regional
Councillor B. O’Donnell
That the written submission
from Geoff Woods of CN Railway, with comments regarding the proposed Official
Plan and zoning by-law amendments and Plan of Subdivision, Files OP 98 22437,
ZO 98 224946, SB 98 224944, submitted by Forest Bay Homes Limited, be received;
And that the Record of the
Public Meeting held on March 1, 2005, with respect to “Applications
submitted by Forest Bay Homes Ltd., to permit the final phase of Villages of
Fairtree community”, be received;
And that the application be
referred back to staff for a report and recommendation.
CARRIED
29. IMPERIAL OIL LIMITED, 550 BUR OAK
AVENUE
ZONING BY-LAW AMENDMENT TO
PERMIT A GAS STATION
CAR WASH, CONVENIENCE STORE, DRIVE THROUGH RESTAURANT
(ZA 04 027753) (10.5,
10.6)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed zoning by-law amendment File ZA 04 027753,
submitted by Imperial Oil Limited to permit a gas station, car wash,
convenience store and drive-through restaurant at 550 Bur Oak Avenue.
Committee was advised that 59
notices were mailed on February 9, 2005, and a Public Meeting sign was posted
on February 8, 2005. Committee received three written
submissions from:
1. Terence G. Robbins, 9704
McCowan Road, Markham – in
objection.
2. Pascal Tang and Cinderella Lau – in objection.
3. Po and Sara Chan, 529
Bur Oak Avenue, Markham – in
objection.
Staff gave a presentation
regarding the proposal, the location and surrounding uses.
Michael Goldberg of Armstrong
Goldberg Hunter, representing the applicant, Imperial Oil Limited, displayed elevations
and landscape details. He emphasised the efforts of the applicant and staff to
achieve the urban design principles, to coordinate with neighbouring buildings,
and to screen the stacking of the drive-through component. Mr. Goldberg advised
that he has contacted Mr. Robins regarding his concerns, and that a noise study
has been initiated.
Committee questioned the
drive-through use and the amount of car stacking, in light of the pending
anti-idling measures.
Discussions included lighting
and illumination issues, berming, landscaping details, and the provision of servicing and access to adjacent
properties to the north. Committee also discussed concerns identified in the
written submissions. Staff was directed to review the issues raised.
Pascal Tang, 147 Hillwood Street, advised that at the time he purchased
his house he obtained a letter from the Town of Markham stating the permitted uses of the
subject property, which did not include the proposed gas station. It was
clarified that such letters can only comment on the zoning provisions in effect
at the time the letter is issued.
Moved by: Regional Councillor
B. O’Donnell
Seconded by: Regional
Councillor J. Heath
That the written submission from Terrence G. Robbins, Pascal Tang
and Cinderella Lau, and Po
and Sara Chan, in
objection to the
zoning by-law amendment File ZA 04 027753, submitted by
Imperial Oil Limited, be received;
And that the deputations by Pascal
Tang regarding zoning by-law amendment File ZA 04 027753, submitted by Imperial
Oil Limited, be received;
And that the report from the Development
Services Commission information report dated January 25, 2005, entitled “Zoning
By-law Amendment and Site Plan Applications by Imperial Oil Limited to permit a
gas station, car wash, convenience store, and drive-through restaurant at the
northwest corner of Bur Oak Avenue and McCowan Road, 550 Bur Oak Avenue”, be
received;
And that the Record of the
Public Meeting held on March 1, 2005, with respect to the proposed amendment to
By-law 177-96, as amended, be received;
And that the application be referred
back to staff for a report evaluation the proposal.
CARRIED
30. 2019311 ONTARIO INC., 150 MAIN STREET
UNIONVILLE
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO PERMIT ADDITIONAL USES (OP
04 028702, ZA 04 027514)
(10.3, 10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Official Plan and zoning by-law amendments,
Files OP 04 028702 and ZA 04 027514, submitted by 2019311 Ontario Inc., to
permit additional uses at 150 Main Street Unionville.
Committee was advised that 63
notices were mailed on February 9, 2005, and a Public Meeting sign was
posted on February 7, 2005. Committee received nine written
submissions from:
1. Robert and Susan Kichuk, 6 Fonthill Boulevard, in objection to late-night uses
2. Jack Valianes, 159 Main Street, with comments
3. Judith Crombie, 44 Harpers Croft – submitting comments.
4. Dr. Phil McFarlane, Union
Street – submitting comments.
5. Brian Roman, Royal LePage, 161
Main Street – submitting comments.
6. George Sands – in objection.
7. David B. Black, Monopoly Commercial Realty Inc., providing
information
8. Mehdy and Beata Tahery, 17 Fred Varley Drive – in objection
9. Ailsa Attersley, in support
Staff gave a presentation
regarding the proposal, the location and surrounding uses. Staff reviewed the conclusions of the 2002
Unionville Core Area Study and the resulting Secondary Plan Policies with
respect to maintaining the percentage of retail/restaurant/other uses. Parking
issues need to be addressed. The owner suggested that the building is not
suitable for retail use.
Raymond Smylie, 154 Main Street, stated his objection to changes to
the new zoning by-law, and suggested the difficulty in finding a tenant may be
due to the high rent being asked. Mr. Smylie was also speaking on behalf of Mr.
Tahary at 17 Fred Varley Drive, which overlooks the rear yard of
the subject site. Mr. Tahary has concerns for the potential late night noise,
garbage dumpsters and animals, and the resulting impact on his property value.
Jack Valianes, 159 Main Street, referred to his recent application
for a similar use, which was denied by the Town.
Richard Talbot, representing
the Unionville Villagers Association, spoke in support of the current by-law,
and in opposition to office use.
Kimberley Kwan, 40 Fonthill Boulevard, spoke in opposition to any changes
to the current by-law, particularly for restaurant use.
Paul Vasilovsky, 189 Main Street, stated his opposition to amending the
by-law, and advised that he had been denied a similar request.
Lori Lievonen, 205 Main Street, a retailer on Main Street, encouraged the use of the
building, which has been empty for eight years.
Karen Davis, 159 Main Street, discussed parking problems, and
the efforts of the community and the Town over the past few years to achieve a
viable Main Street. Ms. Davis stated that the previous owner of
the subject building, the Unionville Home Society, had not been permitted to
have a restaurant and had ended up selling it to the applicant for lower value.
Greg McCormick, Chair of the
Unionville BIA, expressed concern that this issue has been dealt with before,
and he stated that there are too many restaurants on the street, and that office
use is not compatible with the Heritage district.
Patrick Kenny, 187 Main Street, stated that he is involved with an
existing Unionville restaurant, and that they are planning renovations to the
building, but would reconsider their plans if this proposed restaurant is
approved.
David Black, 4560 Highway 7,
spoke in support of the proposal and referred to the opposition to Starbucks on
Main Street several years ago, which had proven beneficial
for the area. Mr. Black clarified that
the rent being asked for the building is in line with the going rate. Even with
the extensive renovations, investors and tenants aren’t interested in this site
due to the use restrictions. Mr. Black advised that refrigerated storage compartments
would be used rather than dumpsters, and that if the building remains empty, the
insurance provider will require it to be boarded up.
Jessie Agnew, applicant,
explained that he owns another building on Main Street, and that he would
prefer to have a retail business, as they are easier tenants. He discussed the
deterioration of the empty building and the renovations that had been
necessary. Mr. Agnew noted that adjacent home owners were aware a commercial
building existed here when they purchased their house, and he summarized that
he has tried unsuccessfully for two years to find a tenant, and is open to suggestions.
Moved by: Mayor D. Cousens
Seconded by: Councillor A.
Chiu
That the written submissions
from Robert and Susan Kichuk, George Sands, and Mehdy and Beata Tahery, in
objection, from Ailsa Attersley, in support, and from Jack Valianes, Judith
Crombie, Dr. Phil McFarlane, Brian Roman, and David B. Black submitting
comments
regarding Official Plan and
zoning by-law amendment Files OP 04 028702 and ZA 04 027514, submitted by
2019311 Ontario Inc., be received;
And that the deputations by Raymond
Smylie, Jack Valianes, Richard Talbot, Kimberley Kwan,
Paul Vasilovsky, Karen Davis,
Greg McCormick, and Patrick Kenny in opposition, and from Lori Lievonen, David
Black, and Jessie Agnew, in support of the Official Plan and zoning by-law
amendment Files OP 04 028702 and ZA 04 027514, submitted by 2019311 Ontario
Inc., be received;
And that the Development
Services Commission staff report dated January
25, 2005,
entitled “Preliminary Report: 150 Main Street, Unionville (2019311 Ontario Inc.) Application
for Official Plan and zoning by-law amendments”, be received;
And that the Record of the
Public Meeting held on March 1, 2005, with respect to the proposed amendments
to the Official Plan and By-law 122-72, as amended, be received;
And further that the
application by 2019311 Ontario Inc. to amend the Official Plan and By-law
122-72, as amended, be referred back to staff for a report and recommendation.
CARRIED
ADJOURNMENT
The Development Services Committee meeting adjourned at the hour of 9:10 p.m.