MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

NOVEMBER 3, 2009 - 7:00 p.m.

Council Chamber

Meeting No. 13

All Members of Council

Development Services

Chair:              Councillor J. Webster

Vice-Chair:      Councillor D. Horchik

 

Attendance

Mayor F. Scarpitti

Deputy Mayor J. Heath

Regional Councillor J. Jones

Regional Councillor G. Landon

Regional Councillor J. Virgilio

Councillor V. Burke

Councillor E. Shapero

Councillor C. Moretti

Councillor J. Webster

Councillor D. Horchik

Councillor L. Kanapathi

Councillor A. Chiu

J. Baird, Commissioner of Development Services

D. Cheng, Senior Planner

R. Kendall, Manager, Central District

J. Bosomworth, Manager Strategy & Innovation

C. Bird, Manager Plans Review

E. Mak, Planner

A. Tari, Committee Clerk

 

The Development Services Public Meeting convened at 7:00 PM in the Council Chamber with Councillor J. Webster in the Chair.  

 

DISCLOSURE OF PECUNIARY INTEREST

 

None disclosed.

 

1.         AMENDMENTS TO DEVELOPMENT FEE,
            BUILDING FEE AND TOWN WIDE FEE BY-LAWS
            DEVELOPMENT SERVICES COMMISSION (10.0, 7.0)

            Report  Attachment A

 

Mr. Jim Baird, Commissioner of Development Services advised that the subject of the Public Meeting this date was to consider a proposal to amend or replace three fee by-laws.   He advised that this is a regular review during the budget process.

 

The Committee Clerk advised that notice was published in the Markham Economist and Sun, Markham Page on October 8, 2009.

 

Staff delivered a brief PowerPoint presentation regarding the three fee by-law update and highlighted the proposed changes.

 

 

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

 

There was discussion regarding the cost increase with respect to major development applications.  Staff indicated that they are proposing to lower the application fee of site plan applications.

 

The Committee discussed looking at providing a reduction in the application fees for residential developments that are incorporating sustainable initiatives such as solar panels. 

 

The Committee stated concern with respect to the proposed decrease in fees for changes to existing parking lots under site plan control, that it could be perceived as an incentive to increase the parking lot capacity.  Staff advised that any changes to parking lots would be reviewed by our Engineering Department to ensure it meets the required criteria.

 

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor J. Heath

 

1)         That the Record of the Public Meeting held on November 3, 2009, with respect to the proposed amendments to the Development, Building and Town Wide Fee By-laws be received; and,

 

2)         That the amendment to the “Tariff of Fees for Processing Planning Applications,” By-law 211-83, substantially in the form attached as Attachment "A", be enacted; and,

 

3)         That By-law 2008-258 be repealed and the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Attachment “B”, be enacted; and,

 

4)         That the amendment to Town Wide By-law 2002-276, substantially in the form attached as Attachment “C”, be enacted; and further,

 

5)         That the By-laws come into force and take effect on January 1, 2010.

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.         SCARDRED 7 COMPANY LIMITED
            4038 HIGHWAY 7
            APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW
            AMENDMENT TO PERMIT ADDITIONAL COMMERCIAL
            USES IN TWO EXISTING COMMERCIAL BUILDINGS
            (FORMER WHITE ROSE NURSERIES GARDEN CENTRE
            AND HEAD OFFICE)
            (OP 09 116642 AND ZA 09 116689) (10.3, 10.5)

             Report  Attachment

 

Mr. Baird advised the subject of the Public Meeting this date was to consider an application submitted by Scardred 7 Company Limited for Official Plan and Zoning By-law amendment to permit a broader range of retail and commercial uses (former White Rose Nurseries garden centre and head office) (OP 09 116642 and ZA 09 116689).

 

The Committee Clerk advised that 62 notices were mailed on October 14, 2009, and a Public Meeting sign was posted on October 10, 2009.  No written submissions were received regarding this proposal.

 

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

 

The Committee discussed the following issues and concerns related to the proposal at 4038 Highway 7:

  • Would this proposal be permitted to build higher commercial buildings
  • Road pattern (would there be any connection to Ferrah Street
  • Would a traffic light be installed
  • How long would this permitted use continue for
  • Proposal is not transit friendly
  • Impact on existing residential community
  • Why not move forward in developing the site with mixed residential since the service allocation will be available in very near future

 

Staff advised that they have concerns with this proposal that will permit a broader range of retail and commercial uses and with the precedent it could create for the area.  Staff indicated that the height and density restrictions are already in place. 

 

Mr. Moiz Behar, MBPD Inc., on behalf of the applicant, addressed the Committee to provide some additional background and history for the property at 4038 Highway 7.  He indicated that this proposal is to improve the existing footprint and that there would not be an additional height added to the buildings at this time.  Mr. Behar advised the Committee that they have been involved with the Precinct Plan process and in the long-term are agreeable to comply with the developing Precinct Plan.  He believes that in order to keep the existing location viable the list of uses needs to be broadened.  Mr. Mohar confirmed that their traffic consultants have recommended that a traffic light be installed.  

 

Ms. Ann Laxton, Unionville Ratepayers Association and Unionville Villagers’ Association, addressed the Committee with respect to the applications submitted by Scardred 7 Company Limited advising that they do not have enough information to form an opinion.  She also requested that staff provide a definition of ‘urban boulevard.’

 

Mr. James Reinnger, Whiterose Investments, addressed the Committee regarding the proposals for 4038 Highway 7 stating he is not in support.  He indicated that they would prefer to move forward and develop the lands with mixed residential.

 

Ms. Suzanne Li, 46 Ferrah Street, addressed the Committee with respect to the applications for 4038 Highway 7 stating concerns.  She is concerned with the potential garbage issues associated with restaurants and take-out restaurants.

 

Mr. Robert Kodlovski, 34 Ferrah Street, addressed the Committee regarding the proposals for 4038 Highway 7 stating concerns.  He is concerned with the potential increase with traffic on Ferrah Street and believes that this proposal will change the dynamics of his street.

 

Staff advised that Ferrah Street will not be extended as a result of these applications.  Staff indicated that the urban boulevard for Highway 7 essentially means a transformation from an interregional highway to a major urban feel that includes buildings at the street edge, enhanced landscaping, public sidewalks and public spaces.

 

The Committee discussed the late 1990 Ontario Municipal Board (OMB) decisions for the northeast and northwest properties at Village Parkway and Highway 7.

 

Moved by Mayor F. Scarpitti

Seconded by Deputy Mayor J. Heath

 

1)         That the staff report dated September 8, 2009, entitled “Scardred 7 Company Limited, 4038 Highway 7, Applications for official plan and zoning by-law amendment to permit additional commercial uses in two existing commercial buildings (former White Rose Nurseries garden centre and head office), File Nos. OP 09 116642 and ZA 09 116689,” be received; and,

 

2)         That the Record of the Public Meeting held on November 3, 2009 with respect to the proposed amendments, be received; and,

 

3)         That staff be directed to prepare a recommendation report for the applications submitted by Scardred 7 Company Limited; and further,

 

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

CARRIED

 

 

 

 

3.         DIGRAM DEVELOPMENTS INC.
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT (19TM-09004)
            EAST OF HIGHWAY 48 AND SOUTH OF MAJOR MACKENZIE DRIVE
            (ZA 09-122311 AND SU 09-122312) (10.7, 10.5)

            Report  Attachment

 

Mr. Baird advised the subject of the Public Meeting this date was to consider an application submitted by Digram Developments Inc. for Draft Plan of Subdivision and Zoning By-law amendment, east of Highway 48 and south of Major Mackenzie Drive (ZA 09-122311 and SU 09-122312).

 

The Committee Clerk advised that 38 notices were mailed on October 14, 2009, and a Public Meeting sign was posted on October 13, 2009.  No written submissions were received regarding this proposal.

 

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

 

The Committee suggested that the recommendation report provide an option to alleviate the potential infiltration of traffic on the proposed roadway that extends from Major Mackenzie Drive down to Donald Cousens Parkway.

 

The Committee suggested that staff engage in discussions with the applicant to explore whether the proposal can be altered to accommodate the existing trees on the property.  Staff agreed to have those discussions and indicated that a complete tree inventory of the site will be required.   

 

The Committee discussed the future development of the lands to the west of the subject property and the need for an enhanced interface.  Staff confirmed that there will not be any vehicular connection to that site but will work on a pedestrian connectivity.

 

Mr. Frank Bucys, on behalf of his parents who own the lands adjacent to the subject property, addressed the Committee stating some concerns.  He is concerned that the proposed Community Design Plan shows part of their property as parkland and would like to have the opportunity to provide input.  Mr. Bucys advised that the proposal being considered tonight has never been discussed with his parents and that the developer has only offered to purchase his parent’s property. 

 

Staff advised that this is at the preliminary stages and agreed that future discussions should include the applicant, consultant team and the Bucys family.

 

Ms. Sandra Wiles, KLM Planning, on behalf of the applicant, addressed the Committee regarding the Digram Development Inc. proposals.  She advised that there are a number of studies completed for the site that would address many of the concerns.  Ms. Wiles stated that she will continue to work with Town staff and the Busys Family.

 

 

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Virgilio

 

1)         That the report dated October 6, 2009 entitled “Preliminary Report, Digram Developments Inc. Applications for Draft Plan of Subdivision and Zoning By-law Amendment (19TM-09004), East of Highway 48 and south of Major Mackenzie Drive, File Numbers ZA 09-122311 and SU 09-122312” be received; and,

 

2)         That the Record of the Public Meeting held on November 3, 2009, with respect to the applications by Digram Developments Inc. for Draft Plan of Subdivision (19TM-09004) and Zoning By-law Amendment, be received; and further,

 

3)         That staff be directed to prepare a recommendation report for the applications by Digram Developments Inc. for Draft Plan of Subdivision (19TM-09004) and Zoning By-law Amendment.

CARRIED

 

 

 

4.         DANVEST WISMER INVESTMENTS LIMITED PHASE 3
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT (19TM-02009)
            EAST OF MCCOWAN ROAD AND SOUTH OF
            MAJOR MACKENZIE DRIVE
            WISMER COMMONS COMMUNITY
            (ZA 09-123881 AND SU 02-115478-002) (10.7, 10.5)

            Report  Attachment

 

The Chair advised that the subject of the Public Meeting this date was to consider an application submitted by Danvest Wismer Investments Limited/Dovcom Realty Inc. (Phase 3) for Draft Plan of Subdivision and Zoning By-law amendment, east of McCowan Road and south of Major Mackenzie Drive (ZA 09-123881 and SU 02-115478-002).

 

The Committee Clerk advised that 608 notices were mailed on October 14, 2009, and a Public Meeting sign was posted on October 13, 2009.  No written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses and next steps.

 

The Committee requested that staff engage in discussions with the applicant to try and incorporate environmental aspects into the development such as solar ready and energy star. 

 

Mr. Roberto Nardi, 43 Florelle Drive, addressed the Committee with respect to the applications from Danvest Wismer Investments Limited (Phase 3) stating some concerns.  He believes this proposal will increase the traffic in an area where traffic congestion exists currently.  Mr. Nardi is also concerned with the potential increase of street parking.

 

Moved by Councillor C. Moretti

Seconded by Regional Councillor G. Landon

 

1)         That the report dated October 6, 2009 entitled “Preliminary Report, Danvest Wismer Investments Limited Phase 3, Applications for Draft Plan of Subdivision (19TM-02009) and Zoning By-law Amendment, East of McCowan Road and south of Major Mackenzie Drive, File Numbers ZA 09-123881 and SU 02-115478-002” be received; and,

 

2)         That the Record of the Public Meeting held on November 3, 2009, with respect to the applications by Danvest Wismer Investments Limited Phase 3, for Draft Plan of Subdivision (19TM-02009)and Zoning By-law Amendment, be received; and,

 

3)         That upon completion of the review and evaluation by staff of the applications by Danvest Wismer Investments Limited Phase 3 for Draft Plan of Subdivision (19TM-02009) and Zoning By-law Amendment, and if there are no outstanding issues, the draft plan be approved in accordance with the Delegation By-law; and further,

 

4)         That upon issuance of draft plan approval, the implementing zoning by-laws be enacted without further notice.

CARRIED

 

 

5.         AMICA (SWAN LAKE) CORPORATION
            APPLICATION FOR OFFICIAL PLAN AMENDMENT
            AND ZONING BY-LAW AMENDMENT TO PERMIT
            A 4-STOREY RETIREMENT HOME AT
            6380 16TH AVENUE EAST OF HIGHWAY 48
            (OP 09 118339, ZA 09 118346) (10.3, 10.5)

            Report  Attachment

 

The Chair advised that the subject of the Public Meeting this date was to consider an application submitted by Amica (Swan Lake) Corporation for Official Plan amendment and Zoning By-law amendment to permit a 4-storey retirement home at 6380 16th Avenue, east of Highway 48 (OP 09 118339 and ZA 09 118346).

 

The Committee Clerk advised that 266 notices were mailed on October 14, 2009, and a Public Meeting sign was posted on October 13, 2009.  One written submission was 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.

 

There was brief discussion regarding the proposed building heights and setbacks.  The Committee discussed the importance of maintaining public access to Swan Lake.

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

That the correspondence from Ms. Verna Hallworth, 28 Kingfisher Cove, be received.

CARRIED

 

Moved by Deputy Mayor J. Heath

Seconded by Mayor F. Scarpitti

 

1)         That the Development Services Commission report dated September 22, 2009, entitled “INFORMATION REPORT, Amica (Swan Lake) Corporation, Application for Official Plan Amendment and Zoning By-law Amendment to permit a 4-storey retirement home at 6380 16th Avenue, east of Highway 48,    File Numbers: OP 09 118339, ZA 09 118346” be received; and,

 

2)         That the Record of the Public Meeting held on November 3, 2009, with respect to “Amica (Swan Lake) Corporation, Official Plan and Zoning By-law Amendment to permit a 4-storey retirement home at 6380 16th Avenue (OP 09 118339 & ZA 09 118346)”, be received; and further,

 

3)         That staff be directed to prepare a recommendation report for the Amica (Swan Lake) Corporation to amend the Official Plan and Zoning By-law 177-96, as amended.

CARRIED

 

 

 

ADJOURNMENT

 

The Development Services Public Meeting adjourned at 9:36 PM.