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MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

OCTOBER 25, 2011 - 7:00 p.m.

Council Chamber

Meeting No. 10

All Members of Council

Development Services

Chair:              Regional Councillor Jim Jones

Vice-Chair:      Councillor Don Hamilton

 

Attendance

Mayor Frank Scarpitti

Regional Councillor Jim Jones

Regional Councillor Gord Landon

Regional Councillor Joe Li

Councillor Valerie Burke

Councillor Howard Shore

Councillor Don Hamilton

Councillor Carolina Moretti

Councillor Colin Campbell

Councillor Alan Ho

Councillor Logan Kanapathi

 

Regrets

Deputy Mayor Jack Heath

Councillor Alex Chiu

 

Andy Taylor, Chief Administrative Officer

Jim Baird, Commissioner of Development Services

Sabrina Bordone, Planner

Rick Cefaratti, Planner

Richard Kendall, Manager, Central District

Stephen Kitagawa, Senior Planner

Joel Lustig, Treasurer

Dave Miller, Development Manager, East District

Rino Mostacci, Director of Planning and Urban Design

Kitty Bavington, Council/Committee Coordinator

 

The Development Services Public Meeting convened at 7:25 p.m. in the Council Chamber with Mayor Frank Scarpitti in the Chair. Regional Councillor Jim Jones assumed the Chair after Item # 1.  

 

DISCLOSURE OF PECUNIARY INTEREST – none disclosed

 

 

 

NEW BUSINESS

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Carolina Moretti

 

That the Committee consent to receive one deputation regarding new business.

 

CARRIED BY 2/3 VOTE

 

 

1.         NEW BUSINESS – DEPUTATIONS
            OVER-DEVELOPMENT AND MULTIPLE PROJECTS
            AT HIGHWAY 48 AND 16TH AVENUE AND
            THE ISLAMIC SOCIETY OF MARKHAM
            SITE PLAN APPLICATION TO FACILITATE
            A PLACE OF WORSHIP AT 6232 16TH AVENUE
            (SC 10 124170) (10.0)(10.6)

 

Alex Hardy, on behalf of the ‘Markham’s Residents for Responsible Community Planning’ group, presenting a petition with approximately 2500 on-line signatures, in opposition to the Mosque at 6232 16th Avenue and excessive development in the area of Highway 48 and 16th Avenue. He listed the concerns of the residents, including the public consultation process, and noted an upcoming Ontario Municipal Board deadline. Mr. Hardy requested that a moratorium be placed on construction in the area, and that public meetings be held with all local residents.

 

Mayor Frank Scarpitti responded to the comments, confirming that a meeting is being arranged in the next few days with several resident representatives to discuss the issues. Staff clarified that there is no OMB deadline, as the proposal does comply with the Official Plan and Zoning By-law which have been in place for several years, and the site plan cannot be appealed by the public.

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Carolina Moretti

 

That the deputation by Alex Hardy on behalf of the Markham Residents For Responsible Community Planning, and the petition with approximately 2500 on-line signatures, in objection to development at 16th Avenue and Highway 48 and the Mosque at 6232 16th Avenue,  be received.

CARRIED

 

 

 

2.         MACKENZIE BUILDING AND DEVELOPERS LIMITED
            5443, 5521 AND 5565 MAJOR MACKENZIE DRIVE EAST, MARKHAM
            DRAFT PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS
            (SU 02 116539 & AZ 11 113623) (10.7, 10.5)

            Memo 

 

The Public Meeting this date was to consider an application submitted by Mackenzie Builders and Development Limited for Draft Plan of Subdivision and Zoning By-law Amendment at 5443, 5521 and 5565 Major Mackenzie Drive East (SU.02-116539 and ZA.11-113623).

 

The Committee Clerk advised that 223 notices were mailed on October 5, 2011, and a Public Meeting sign was posted on October 3, 2011.  No written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. There were no comments from the audience with respect to this application.

 

Moved by: Councillor Carolina Moretti

Seconded by: Councillor Alan Ho

 

1)         That the report dated October 25, 2011, entitled “Mackenzie Building and Development Ltd., Applications for Draft Plan of Subdivision and Zoning By-law Amendment, 5443, 5521 and 5565 Major Mackenzie Drive East, File Nos:  SU.02-116539 and ZA.11-113623, be received; and,

 

2)         That the Record of the Public Meeting held on October 25, 2011, with respect to the applications by Mackenzie Building and Development Ltd., Applications for Draft Plan of Subdivision and Zoning By-law Amendment, be received; and further,

 

3)         That the applications by Mackenzie Building and Development Ltd. for Draft Plan of Subdivision and Zoning By-law Amendment be referred back to staff for a report and recommendation.

CARRIED

 

 

 

3.         CORNERSTONE CHRISTIAN
            COMMUNITY CHURCH INC.
            ZONING BY-LAW AMENDMENT
            TO ADD ABUTTING LAND ALONG 9TH LINE
            FOR FUTURE PARKING
            (za 09 129155) (10.5)

            Notice

 

The Public Meeting this date was to consider an application submitted by Cornerstone Christian Community Church Inc. for Zoning By-law Amendment to add lands that formed part of the 9th Line right-of-way to the east as part of the overall development proposal for the place of worship/community centre (ZA 09 129155).

 

The Committee Clerk advised that 95 notices were mailed on October 5, 2011, and a Public Meeting sign was posted on October 4, 2011.  One written submission was received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues.  Staff responded to questions from the Committee regarding the size of the building footprint, access locations, and parking provisions. The proposal meets the parking requirements and has surplus land available for expanded parking, if required in the future. It was suggested that a peer review for the parking study be done. Staff will review this matter. Mature trees will be preserved and the grading plan will be reviewed.

 

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

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Carolina Moretti

 

1)                  That the written submission from Catherine Yip, with concerns regarding the application by Cornerstone Christian Community Church Inc, be received; and,

 

2)         That the Record of the Public Meeting held on October 25, 2011, with respect to the revised zoning amendment application to the Town of Markham’s Zoning By-law 304-87, as amended, to add lands that formed part of the 9th Line right-of-way to the east as part of the overall development proposal for the place of worship/community centre be received; and,

 

3)         That the revised zoning amendment application by Cornerstone Christian Community Church Inc., to amend the Town’s By-law 304-87, as amended, to add the lands that formed part of the 9th Line right-of-way to the east as part of the overall development proposal for the place of worship/community centre be approved; and further,

 

4)         That the revised zoning amendment application to the Town’s Zoning By-law 304-87, as amended, be enacted without further notice.

CARRIED

 

 

 

4.         1232548 ALBERTA INC.
            ZONING AMENDMENT TO PERMIT
            THE DEVELOPMENT 7 DETACHED DWELLINGS AT
            6750 14TH AVENUE, 7784 9TH LINE AND 7790 9TH LINE
            (za 11 112570) (10.5)

            Report

 

The Public Meeting this date was to consider an application submitted by 1232548 Alberta Inc. for Zoning By-law Amendment to permit the development of 7 detached dwellings and the relocation of an existing heritage dwelling at 6750 14th Avenue, 7784 9th Line and 7790 9th Line (ZA 11 112570).

 

The Committee Clerk advised that 78 notices were mailed on October 5, 2011, and a Public Meeting sign was posted on October 5, 2011.  Nine written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. A traffic study has been submitted and is being reviewed by staff. Staff responded to questions from the Committee regarding the front yard setback from 9th Line, the range of lot frontages along 9th Line, and the placement of garages.

 

Wayne Westman spoke of concerns for the density, the potential loss of mature trees due to the installation of services, the potential height due to the grade levels, and stated that he is opposed to rear garages.

 

Dan McCombe stated his opposition to the proposal, suggesting five houses including the heritage house instead of the proposal for eight houses on the three lots, would be more compatible to the other properties in the community. He requested that the trees be protected.

 

Robert Watt spoke in opposition to the proposed rezoning, stating that Box Grove is one of the oldest hamlets in Markham, and should be preserved. He spoke of his concerns regarding the sewer connections flowing into the Legacy subdivision and drainage of the subject lands.

 

Helen Buell stated her concern for the proposed eight houses on three lots, which would change the face of the hamlet, and suggested that five houses would be agreeable. Ms. Buell suggested that the zoning should not change, and expressed concern for the additions to the sewer systems.

 

Irene Alexander spoke in objection, stating that the proposal would not improve Box Grove.

 

Ken Rahl, representing the Legacy Community Ratepayers Association spoke of the Town’s efforts to relocate the Box Grove By-pass to preserve the hamlet, and suggested that this proposal is not consistent with the character of the hamlet with respect to the existing lot sizes. Mr. Rahl stated the importance of preserving the mature trees and recommended fewer lots.

 

Staff responded to questions from the Committee regarding the context of the area, and discussed the Box Grove Secondary Plan. New lots will have to be sensitive to the existing character of the area, and staff will consider this in further review. Staff also explained the servicing outfalls to the street or to the back of the lots, and will consult with Engineering staff on this issue. Staff also clarified that restrictions in the form of development standards can be incorporated into the zoning by-law.

 

Martin Quarcoopome of Malone, Given, Parsons, representing applicant, acknowledged the issues and concerns, and stated that they will work with staff to resolve these issues. Their position is that although it is a hamlet, it is an area transitioning into an urban setting. He indicated agreement with tree preservation measures.

 

Peter Ziriada of 7S Group, the applicant, spoke about the area being in transition with new residents looking for affordable housing in this area. He discussed design aspects and advised it is their goal to preserve the trees, the heritage flavor, and rural nature so that the development will fit into the community. The Committee questioned the affordability of the dwellings being proposed.

 

The Committee indicated support for the reduction of the proposal to five dwellings and the protection of the trees, particularly during construction. The Ward Councillor was requested to arrange a meeting with the applicant and some of the residents on 9th Line prior to the recommendation report coming to the Committee. With respect to the suggestion of a traffic light at the intersection, the residents indicated they did not support it, and staff will review this issue.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Logan Kanapathi

 

1)                  That the written submissions from Helen E. Buell; James and Flora Bajari; Helen and Stan Buell; Robert Watt; Irene Alexander; Andrew Kam; William Bassels; Tom Farrar; and Tony and Lorraine Crivaro, regarding the proposal by 1232548 Alberta Inc., be received; and,

 

2)                  That the deputations by Wayne Westman, Dan McCombe, Robert Watt, Helen Buell, Irene Alexander, and Ken Rahl representing the Legacy Community Ratepayers Association, regarding the proposal by 1232548 Alberta Inc., be received; and ,

 

3)         That the report titled “INFORMATION REPORT, 1232548 Alberta Inc., Zoning amendment to permit the development of 7 detached dwellings and the relocation of an existing Heritage dwelling at 6750 14th Avenue, 7784 9th Line and 7790 9th Line, File No. ZA 11 112570,” dated October 25, 2011 be received; and,

 

4)         That the Record of the Public Meeting held on October 25, 2011, with respect to the proposed amendment to the Town of Markham’s Zoning By-law 194-82, as amended, be received; and further,

 

5)         That the application be referred back to staff for a report and recommendation evaluating the proposal.

CARRIED

 

 

 

5.         TRIBUTE (UNIONVILLE) LIMITED
            ZONING BY-LAW AMENDMENT APPLICATION
            TO PERMIT A MIXED-USE COMMERCIAL-RESIDENTIAL
            DEVELOPMENT AT 20 FRED VARLEY DRIVE
            (ZA 11 113101) (10.5)

            Report  Attachments 

 

The Public Meeting this date was to consider an application submitted by Tribute (Unionville) Limited, for a Zoning By-law amendment to permit a mixed-use commercial-residential development at 20 Fred Varley Drive.

 

The Committee Clerk advised that 169 notices were mailed on October 5, 2011, and a Public Meeting sign was posted on October 5, 2011.  The Ward Councillor also sent out 690 notices. One hundred and nine written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues.


 

Maria Gatzios, representing the applicant, made a presentation explaining the revisions that have been made to the proposal and the community consultation that has taken place. Ms. Gatzios discussed Official Plan policies, enhanced landscaping, the pedestrian connection along the adjacent strip of Town-owned land, the area context, and underground parking. The Site Plan has not yet been prepared and the architecture is still preliminary. Draft elevations were displayed showing four storeys of residential and commercial mix and illustrating the massing. The flood hazard issue will be addressed in the building design as approved by the Town and TRCA.

 

Ms. Gatzios responded to questions from the Committee regarding the height of the mechanical penthouse, the parking provisions for the retail component, and marketing targets.

 

Dean Crosby of BA Group, Traffic Consultant for the applicant, briefly reviewed the traffic report findings regarding traffic volume on the street, intersections, servicing, and parking. The Committee identified concerns with accommodating traffic on Main Street, and the safety aspect for children walking to school. Mr. Crosby advised that shifting the proposed driveway will help to resolve pedestrian issues.

 

Reid McAlpine, Chair of a joint committee of the Unionville Ratepayers Association, the Unionville Villagers Association, and the Unionville Business Improvement Area presented a written copy of his statement. Although the community is in favour of the redevelopment of the Varley Plaza, they have several concerns including: consistency with the Official Plan and appropriate density; how the built form, height, and massing study and intensification strategy of the Town apply to the application; the minimum density required for financial feasibility; traffic issues relating to increased traffic flow and safety of children; adverse effects from dewatering; noise attenuation for garbage pick-up and heavy trucks; the 20-foot high mechanical penthouse; parking accommodation for retail; ensuring LEED standards; benefits to the community through Section 37 contributions; and compatible heritage design. He suggested the applicant be requested to provide public washrooms and storage facilities for the Millennium Bandstand.

 

The following people spoke in opposition to the proposal:

-         Christiane Bergauer-Free

-         Larry Schultz

-         Marjorie Lang

-         Chiculete Gheorghe

-         Sanjay Cherian

-         Gary Cheng

-         Mark Scarrow

-         Elaine Wilton

-         Mark Swailes

-         Anoof Sharif, Parkview Council Vice-chair

-         Sandro Testa

 

Their concerns and comments included:

-         the height does not fit into the area and has an adverse impact on the view

-         lack of parking for the retail component

-         increased traffic creating pollution and a safety hazard for school children and seniors

-         potential flooding hazards and groundwater levels

-         preserving community character

-         impacts of high density and increased traffic congestion

-         the building takes up too much of the property

-         the proposal and design are not compatible to the heritage character and does not fit into historic Unionville

-         potential loss of control over development that may occur if the zoning changes

-         development should occur within the current by-law standards

-         the amount of density necessary for profitable development

-         no tangible changes have been made to the proposal or the number of units and parking spaces as a result of consultation

-         semis/detached with commercial component, or a maximum height of two storeys were suggested

-         additional traffic from the TACC Development should be factored in

-         residents of the proposed complex may object to noise from Main Street events

-         the underground parking ramp is on the east fascade, facing the historic district

-         a third party traffic analysis was recommended

-         local schools cannot accommodate any more students, and bussing to other schools is not supported by the residents

 

A partial petition in objection to the rezoning of 20 Fred Varley Drive, with 73 signatures, was presented. The final petition will be submitted when it is completed.

 

The Committee thanked the residents for their comments and suggested that more work is needed by the applicant with respect to fitting in with the character of the community and reducing impacts from traffic. The Committee and staff will continue to work with the applicant.

 

Moved by: Councillor Don Hamilton

Seconded by: Mayor Frank Scarpitti

 

1)                 That the one hundred and nine written submissions and a petition with 73 signatures in objection, received regarding the proposal by Tribute (Unionville) Limited at 20 Fred Varley Drive, be received; and,

 

2)                  That the deputations by Christiane Bergauer-Free, Larry Schultz, Marjorie Lang, Chiculete Gheorghe, Sanjay Cherian, Gary Cheng, Mark Scarrow, Elaine Wilton, Mark Swailes, Sandro Testa, Anoof Sharif, Parkview Council Vice-chair, and Reid McAlpine, Chair of a joint committee of the Unionville Ratepayers Association, the Unionville Villagers Association, and the Unionville Business Improvement Area   regarding the proposal by Tribute (Unionville) Limited at 20 Fred Varley Drive, be received; and,

     

3)         That the Development Services Commission report dated June 28, 2011, entitled “Preliminary Report, Tribute (Unionville) Limited, Zoning By-law Amendment to permit a mixed-use commercial-residential development at 20 Fred Varley Drive,” be received; and,

 

4)         That the Record of the Public Meeting held on October 25, 2011 with respect to the proposed Zoning By-law amendment, be received; and,

 

5)         That the application by Tribute (Unionville) Limited for a proposed Zoning By-law amendment (ZA 11 113101), 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

 

 

 

 

ADJOURNMENT

 

 

 

The Development Services Public Meeting adjourned at 10:55 p.m.

 

 

Alternate formats for this document are available upon request.

 

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