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Minutes

Development Services Public Meeting

June 20 and 21, 2017 - 7:00 PM

Council Chamber

Meeting No. 8

All Members of Council

Development Services

Chair:              Regional Councillor Jim Jones

Vice-Chair:      Councillor Don Hamilton

 

Attendance

Mayor Frank Scarpitti (7:40)

Deputy Mayor Jack Heath

Regional Councillor Jim Jones

Regional Councillor Joe Li

Regional Councillor Nirmala Armstrong

Councillor Valerie Burke

Councillor Alan Ho

Councillor Don Hamilton (left 12:10)

Councillor Karen Rea

Councillor Colin Campbell

Councillor Amanda Collucci

Councillor Logan Kanapathi

Councillor Alex Chiu

 

Daniel Brutto, Planner I

Rick Cefaratti, Planner II

Biju Karumanchery, Director of Planning and    Urban Design

Carlson Tsang, Planner I

Dave Miller, Manager, West District

Stacia Muradali, Senior Planner

Gary Sellars, Senior Planner        

Kitty Bavington, Council/Committee Coordinator

 

 

The Development Services Public Meeting convened at 7:01 PM in the Council Chamber with Regional Councillor Jim Jones in the Chair. The Committee recessed from 9:05 to 9:15 p.m. and from 12:10 to 12:18 a.m.

 

At 11:49 p.m., a motion was moved by Mayor Frank Scarpitti and seconded by Deputy Mayor Jack Heath to extend the hour of the meeting beyond 12:00 p.m.

 

 

DISCLOSURE OF PECUNIARY INTEREST

-         None Declared

 


 

1.         PRELIMINARY REPORT
            DIGRAM DEVELOPMENTS MARKHAM 2 INC.
            ZONING BY-LAW AMENDMENT APPLICATION
            TO ALLOW TOWNHOUSES NORTH OF CASTLEMORE AVENUE
            ON THE EAST SIDE OF SWAN PARK ROAD
            IN GREENSBOROUGH, WARD 5, (PART OF BLOCK 78, 65M3834)
            FILE NO: ZA 16 113212 (10.5)

            Report

 

The Public Meeting this date was to consider an application submitted by Digram Developments Markham 2 Inc. for Zoning By-law amendment to allow townhouses north of Castlemore Avenue on the east side of Swan Park Road in Greensborough (Part of Block 78, 65M3834) ZA 16 113212.

 

The Committee Clerk advised that 211 notices were mailed on May 31, 2017, and a Public Meeting sign was posted on May 31, 2017.  Four written submission were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Alistair Shields from KLM Planning, representing the applicant, gave a presentation to provide additional details, advising that the plan has been revised in response to comments received. The remediation of the adjacent wetlands area is being considered as part of the proposal.

 

The Committee discussed future schools in the area, noting that the site should be identified as a ‘potential’ school site on the plan, and the potential for a walkway connection at the south end of the property. The Committee questioned the amount of visitor parking and suggested that a minimum of two parking spaces be provided in each driveway, and that additional parking be provided near the woodlot, if possible. The Committee also suggested reducing the amount of paving and night illumination, and ensuring a 10 meter buffer to reduce impacts on the wetlands.

 

There were no comments from the audience with respect to this application.

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Alex Chiu

 

1)                  That the written submissions from Me Lan Chung, Wai Man Chow, Rajiv Patel, and Tony An, regarding the application by Digram Developments Markham 2 Inc., be received; and,

 

2)         That the Development Services Commission report dated June 12, 2017           and titled “PRELIMINARY REPORT, Digram Developments Markham 2 Inc., Zoning By-law amendment application to allow townhouses north of Castlemore Avenue on the east side of Swan Park Road, in Greensborough, Ward 5, (Part of Block 78,65M3834), File No: ZA 16 113212”, be received; and,

 

 

3)         That the record of the Public Meeting held on June 20th, 2017 with respect to the Zoning By-law Amendment application (ZA 16 113212) submitted by Digram Developments Markham 2 Inc. to allow townhouses north of Castlemore Avenue on the east side of Swan Park Road (Part of Block 78, 65M3834), be received; and further,

 

4)         That the Zoning By-law Amendment application (ZA 16 113212) submitted by Digram Developments Markham 2 Inc. to allow townhouses north of Castlemore Avenue on the east side of Swan Park Road (Part of Block 78, 65M3834) be referred back to Staff for a report and recommendation.

CARRIED

 

 

 

2.         PRELIMINARY REPORT
            APPLICATION BY 2504373 ONTARIO INC.
            FOR A ZONING BY-LAW AMENDMENT
            TO FACILITATE THE RENOVATION AND
            EXPANSION TO THE EXISTING SINGLE DETACHED DWELLING
            TO ACCOMMODATE COMMERCIAL USES INCLUDING
            MEDICAL OFFICE, RESTAURANT AND RETAIL USES
            NORTH OF ENTERPRISE BOULEVARD/UNIONVILLE GATE
            ON THE EAST SIDE OF MAIN STREET
            37 MAIN STREET (WARD 3)
            FILE NO: ZA 16 178440 (10.5)

            Report

 

The Public Meeting this date was to consider an application submitted by 2504375 Ontario Inc. for a Zoning By-law amendment to facilitate the renovation and expansion to the existing single detached dwelling to accommodate commercial uses including medical office, restaurant and retail uses north of Enterprise Boulevard/Unionville Gate, on the east side of Main Street (ZA 16 178440).

 

The Committee Clerk advised that 35 notices were mailed on May 31, 2017, and a Public Meeting sign was posted on May 22, 2017.  No written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Irene Gardpoit of Uufie Inc., representing the applicant, gave a presentation to provide additional details and display concept drawings.

 

The Committee discussed the front yard parking area and the potential use of an adjacent parking lot; the proposed restaurant and retail uses in addition to the original dental office; snow storage; the unique built form with a central courtyard and undulating roofline; tree preservation and enhanced landscaping; and, flooding issues and TRCA requirements.

 

There were no comments from the audience with respect to this application.

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Don Hamilton

 

1)         That the report dated May 23, 2017 titled “PRELIMINARY REPORT, Application by   2504373 Ontario Inc. for a Zoning By-law Amendment to facilitate the renovation and expansion to the existing single detached dwelling to accommodate commercial uses including medical office, restaurant and retail uses north of Enterprise Boulevard/Unionville Gate, on the east side of Main Street (File No. ZA 16 178440)”, be received; and,

 

2)         That the Record of the Public Meeting held on June 20, 2017, with respect to the proposed Zoning By-law Amendment to facilitate the renovation and expansion to the existing single detached dwelling to accommodate commercial uses including medical office, restaurant and retail uses north of Enterprise Boulevard/Unionville Gate, on the east side of Main Street (File No. ZA 16 178440), be received; and,

 

3)         That the application by 2504373 Ontario Inc. to amend the zoning by-law to facilitate the renovation and expansion to the existing single detached dwelling to accommodate commercial uses including medical office, restaurant and retail uses north of Enterprise Boulevard/Unionville Gate, on the east side of Main Street (File No. ZA 16 178440), be approved; and,

 

4)         That the proposed amendment to Zoning By-laws 304-87 and 177-96, as amended, be enacted without further notice; and further,

 

5)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

3.         PRELIMINARY REPORT
            CADILLAC FAIRVIEW CORPORATION LTD.
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO PERMIT A MOTOR VEHICLE SALES ESTABLISHMENT
            AND ACCESSORY MOTOR VEHICLE SERVICE STATION
            AND MOTOR VEHICLE REPAIR GARAGE, AND INCORPORATE
            PREVIOUSLY APPROVED MINOR VARIANCES AT
            MARKVILLE MALL SHOPPING CENTRE
            5000 HIGHWAY 7 (WARD 3)
            FILE NO. ZA 17 156158 (10.5)

            Report

 

The Public Meeting this date was to consider an application submitted by Cadillac Fairview Corporation Ltd. for Zoning By-law amendment to permit a motor vehicle sales establishment and accessory motor vehicle service station and motor vehicle repair garage, and incorporate previously approved minor variances at Markville Mall Shopping Centre, 5000 Highway 7 ZA 17 156158.

 

The Committee Clerk advised that 826 notices were mailed on May 31, 2017, and a Public Meeting sign was posted on May 31, 2017.  Three written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Lincoln Lo of Malone Given Parsons Ltd., representing the applicant, gave a presentation to provide additional details and to display concept drawings.

Mr. Lo explained the previously approved Minor Variances that could accommodate potential future business and professional offices within the entire site. The Committee discussed the Official Plan policy context for an intensified mixed-use key development area.

 

Mary Caporusso, representing the Unionville Ratepayers Association, spoke of safety concerns for the proposed use with respect to flammable and combustible materials that would be on site, and transporting such materials on local roads. Ms. Caporusso discussed the need for another access road, compatibility of the architecture with the existing mall, and providing more landscaping and a pedestrian walkway from the northeast corner. Mr. Lo confirmed body repair and painting services would not be provided at the site.    

 

Debbie Rolland spoke in objection to the proposal and noted the number of car dealerships in Markham, increased traffic and night illumination, the loss of parking spaces for the mall, and general incompatibility with the mall.

 

Reid McAlpine, representing the Unionville Residents Association, spoke in opposition to the proposed use which is not compatible with adjacent residential uses, and would be better suited to high-density residential development. He recommended a comprehensive plan be prepared for the entire site.

 

Alick Siu spoke in opposition to the proposal and suggested considering more appropriate mixed uses such as residential.

 

The Committee discussed Fire Department and environmental issues relating to the use; providing sufficient parking; snow storage and removal; subdued night illumination; bird-friendly glass building; there will be no outside storage; maintaining a clean interior and service bays; environmental disposal of oil and materials; traffic impact study and determining if a second access route is required; landscaping plans; providing a safe pedestrian walkway; proximity to the GO Station; adding solar panels on the roof; location to test-drive the cars;  creating a comprehensive plan for the area; and, adding a bus terminal.

 

Moved by: Councillor Don Hamilton

Seconded by: Mayor Frank Scarpitti

 

1)                  That the written submissions from Theresa Winkler, Claudette Hughes, Radoslaw Kalkowski, Mark Cardoza, Sona Lalwani, Francis, John and Linda Mark, and Mary Caporusso of the Unionville Ratepayers Association, regarding the application by Cadillac Fairview Corporation Ltd., Markville Mall, be received; and,

 

 

2)                  That the deputations by Mary Caporusso of the Unionville Ratepayers Association, Debbie Rolland, Reid McAlpine of the Unionville Residents Association, and Alick Siu, regarding the application by Cadillac Fairview Corporation Ltd., Markville Mall, be received; and,

 

3)         That the Development Services Commission report dated June 12, 2017, entitled “Preliminary Report, Cadillac Fairview Corporation Ltd., Application for Zoning By-law Amendment to permit a motor vehicle sales establishment and accessory motor vehicle service station and motor vehicle repair garage, and incorporate previously approved minor variances at Markville Mall Shopping Centre, 5000 Highway 7 (Ward 3), File No. ZA 17 156158” be received; and,

 

4)         That the Record of the Public Meeting held on June 20, 2017 with respect to the proposed Zoning By-law Amendment application, be received; and,

 

5)         That the application by Cadillac Fairview Corporation Ltd. for a proposed Zoning By-law Amendment (ZA 17 156158) be approved and the draft Zoning By-law Amendment be finalized and enacted without further notice; and further,

 

6)         That staff be authorized and directed to do all things necessary to give effect to this resolution.  

CARRIED

 

 

 

4.         PRELIMINARY REPORT
            KYLEMORE COMMUNITIES (YORKTON) LIMITED
            ZONING BY-LAW AMENDMENT APPLICATION
            TO PERMIT 132 TOWNHOUSE UNITS
            AT 9350-9392 KENNEDY ROAD AVENUE
            (WEST SIDE OF KENNEDY ROAD AND
            NORTH OF 16TH AVENUE AT BECKETT AVENUE), WARD 6
            FILE NO: ZA 17 154127 (10.5)

            Report

 

The Public Meeting this date was to consider an application submitted by Kylemore Communities (Yorkton) Limited for Zoning By-law amendment to permit 132 townhouse units at 9350-9392 Kennedy Road (West side of Kennedy Road and North of 16th Avenue at Beckett Avenue) ZA 17154127.

 

The Committee Clerk advised that 228 notices were mailed on May 31, 2017, and a Public Meeting sign was posted on May 30, 2017.  No written submissions were received regarding this proposal.


 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Michael Montgomery of Kylemore Communities, representing the applicant, gave a presentation to provide additional details and to display concept drawings. Staff and Mr. Montgomery responded to questions from the Committee regarding land ownership, the road and pathway networks, snow storage, and the building height.

 

There were no comments from the audience with respect to this application.

 

Moved by: Councillor Amanda Collucci

Seconded by: Councillor Alex Chiu

 

1)         That the report dated May 23, 2017 titled “PRELIMINARY REPORT, Kylemore Communities (Yorkton) Limited, Zoning By-law Amendment Application to permit 132 Townhouse units at 9350-9392 Kennedy Road Avenue (West side of Kennedy Road and north of 16th Avenue at Beckett Avenue), Ward 6”, be received; and,

 

2)         That the Record of the Public Meeting held on June 20, 2017 with respect to the proposed Zoning By-law Amendment application, be received; and,

 

3)         That the application by Kylemore Communities (Yorkton) Limited for a proposed Zoning By-law Amendment (ZA 17 154127) to increase the permitted building height, reduce the minimum setback to a public street and to increase the maximum permitted height of the finished first floor, be approved and the draft Zoning By-law Amendment be finalized and enacted without further notice; and further,

 

4)         That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

 

5.         PRELIMINARY REPORT
            FUNG LOY KOK INSTITUTE OF TAOISM
            378 STEELES AVENUE
            WEST OF LAURELEAF ROAD
            APPLICATION FOR A ZONING BY-LAW AMENDMENT
            TO PERMIT TAOIST TAI CHI IN THE DRIVEWAY AREA UNDER
            THE EXISTING CANTILEVERED BUILDING (PLACE OF WORSHIP)
            FILE NO.: ZA 16 124382 (10.5)

            Report

 

The Public Meeting this date was to consider an application submitted by Fung Loy Kok Institute of Taoism for Zoning By-law amendment to permit Taoist Tai Chi in the driveway area under the existing cantilevered building (place of worship) at 378 Steeles Avenue, West of Laureleaf Road ZA 16 124382.

 

The Committee Clerk advised that 147 notices were mailed on May 31, 2017, and a Public Meeting sign was posted on May 28, 2017. Five written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. It was noted that the OMB decision for the prior Zoning By-law Amendment addressed potential noise concerns by the residents.

 

Brian Finer spoke in opposition to the proposal with respect to the original Zoning By-law Amendment being granted on the basis that no outdoor activities would be permitted, in consideration of the concerns of surrounding residents for noise; and with respect to an error in the City’s parking requirements for Places of Worship.

 

Nicole A. Tenn-Lyn, representing several property owners on Olive Villa Court, spoke in opposition to the proposal with respect to the on-site parking displaced by outdoor activities, increased traffic and on-street parking, disruptions to the peaceful enjoyment of the neighbourhood, potential increase in commercial activities, and, that there is no rational for the activity to be held outdoors.  The neighbours have experience issues with noise, chanting, and odours from the property.

 

Rong Lie Zhang, speaking on behalf of her brother, an adjacent property owner, spoke in opposition to the noise and music that currently comes from the subject property. 

 

Cheo Tat (Tyson) Liu, adjacent property owner, spoke in opposition to the proposal with respect to the noise, chanting, and incense odours from the temple, and on-street overflow parking.

 

Harris Gratsias, adjacent property owner, spoke in opposition to the proposal with respect to increased on-street parking and the impact on the enjoyment of his home from the proposed use.

 

Louis Koutsaris spoke in opposition to the proposal with respect to noise, outdoor burning  odours and religious activities, a lack of property maintenance, and vehicular safety concerns.

 

Jason Lin, a resident opposite the Institute on Steeles Avenue, spoke in opposition to the proposal with respect to the impacts from increased noise and on-street parking.

 

Chris Farano and consultants, representing the applicant, provided additional details and responded to comments. Mr. Farano explained the Tai Chi operation, which would involve groups of 10 to 15 people, and advised that chanting or music is not part of the activity, incense burning is for special ceremonies, and it will not impact any parking spaces or be visible to the neighbours. Mr. Farano advised that they have not received any complaints about noise, odours, traffic, or on-street parking. Staff was requested to clarify parking requirements, and to review any complaints received by the City.

 

The Committee questioned whether Tai Chi is a religious or exercise activity. It was noted that prohibition of outdoor activities was a condition of the OMB approval and is included in the By-law; however, the applicant is entitled to apply for an amendment.

 

A motion to deny the application was LOST

 

Moved by: Councillor Amanda Collucci

Seconded by: Regional Councillor Nirmala Armstrong

 

1)                 That the written submissions from Darren Tong, Xiaocheng He, Hon Sang Lee and Margaret Wong, Kenny Chan, and Laurie and Brian Finer, regarding the application by  Fung Loy Kok Institute of Taoism, 378 Steeles Avenue, be received; and,

 

2)                  That the deputations by Brian Finer, Nicole A. Tenn-Lyn, Rong Lie Zhang, Cheo Tat (Tyson) Liu, Harris Gratsias, Louis Koutsaris, and Jason Lin regarding the application by  Fung Loy Kok Institute of Taoism, 378 Steeles Avenue, be received; and,

 

3)         That the Development Services Commission report dated March 20, 2017, entitled “Preliminary Report, Fung Loy Kok Institute of Taoism, 378 Steeles Avenue, West of Laureleaf Road, Application for a Zoning By-law Amendment to permit Taoist Tai Chi in the driveway area under the existing cantilevered building (place of worship), File No. ZA 16 124382” be received; and,

 

4)         That the Record of the Public Meeting held on June 20, 2017 with respect to the application for a Zoning By-law Amendment, be received; and,

 

5)         That the application for a Zoning By-law Amendment (ZA 16 124382) submitted by Fung Loy Kok Institute of Taoism, be referred back to staff for a report and a recommendation; and further,

 

6)         That staff be authorized and directed to do all things necessary to give effect to this resolution. 

CARRIED

 

 

 

6.         PRELIMINARY REPORT
            14TH AVENUE INVESTMENTS INC.
            C/O BARRON PLANNING CONSULTING
            ZONING BY-LAW AMENDMENT TO PERMIT
            A 3 STOREY OFFICE BUILDING AND A 1 STOREY
            INDUSTRIAL BUILDING AT 2875 14TH AVENUE
            SOUTH SIDE OF 14TH AVENUE BETWEEN
            WOODBINE AVENUE AND HIGHWAY 404 (WARD 8)
            FILE NO. ZA 17 149540 (10.5)

            Report

 

The Public Meeting this date was to consider an application submitted by 14th Avenue Investments Inc. c/o Barron Planning Consulting for Zoning By-law amendment to permit a 3 storey office building and a 1 storey industrial building at 2875 14th Avenue, south side of 14th Avenue between Woodbine Avenue and Highway 404 ZA 17 149540.

 

The Committee Clerk advised that 167 notices were mailed on May 31, 2017, and a Public Meeting sign was posted on May 31, 2017. One written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Paul Barron of Barron Planning Consultant, representing the applicant, gave a presentation to provide additional details. Mr. Barron advised that the issue identified in the written submission by Mr. Crupi, has been resolved.

 

Paul McGuigan, BRL Realty Limited, representing the property on the southern edge of the subject property, spoke of servicing issues and requested a comprehensive approach to servicing.

 

Moved by: Councillor Alex Chiu

Seconded by: Councillor Amanda Collucci

 

1)                  That the written submission from Cosimo Crupi regarding the application by 14th Avenue Investments Inc., be received; and,

 

2)                  That the deputation by Paul McGuigan, BRL Realty Limited regarding the application by 14th Avenue Investments Inc., be received; and,

 

3)         That the report titled “PRELIMINARY REPORT, 14th Avenue Investments Inc., C/O Barron Planning Consulting, Zoning By-law Amendment to permit a 3 storey office building and a 1 storey industrial property at 2875 14th Avenue, south side of 14th Avenue between Woodbine Avenue and Highway 404 (Ward 8), File No. ZA 17 149540” be received; and,

 

4)         That the Record of the Public Meeting held on June 20. 2017, with respect to the proposed Zoning By-law Amendment to permit a 3 storey office building and a 1 storey industrial property at 2875 14th Avenue, south side of 14th Avenue between Woodbine Avenue and Highway 404 (Ward 8), File No. ZA 17 149540” be received; and further,

 

5)         That the applications by 14th Avenue Investments Inc., to amend Zoning By-law 165-80, as amended, be referred back to staff for a report and recommendation to evaluate the proposal.

CARRIED

 

 

ADJOURNMENT

 

 

The Development Services Public Meeting adjourned at 12:40 AM.

 

 

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