MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

2007-06-19 - 7:00 p.m.

Council Chamber

Meeting No. 9

All Members of Council

Development Services

Chair: Regional Councillor J. Jones

Vice-Chair: Councillor J. Webster

Attendance

Mayor F. Scarpitti Deputy Mayor J. Jones Regional Councillor J. Heath Regional Councillor T. Wong Regional Councillor G. Landon 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 V. Shuttleworth, Director of Planning and Urban Design S. Bordone, Planner G. Duncan, Heritage Planner B. Karumanchery, Manager, East District R. Kendall, Manager, Central District S. Kitagawa, Senior Planner G. Sellars, Senior Planner D. Miller, Senior Project Coordinator T. Kanji, Senior Planner S. Muradali, Planner A. Tari, Committee Clerk

The Development Services Public Meeting convened at the hour of 7:00 p.m. in the Council Chamber with Deputy Mayor J. Jones in the Chair.

DISCLOSURE OF PECUNIARY INTEREST - None.

1. TOWN-INITIATED ZONING BY-LAW AMENDMENT
TO PERMIT A LARGER BUILDING FOOTPRINT FOR
RELOCATED HERITAGE BUILDINGS AND
ACCESSORY BUILDINGS – MARKHAM HERITAGE ESTATES
(ZA 06 112355) (10.5, 16.11.3)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider a Zoning By-law amendment to permit a larger building footprint for relocated heritage buildings and accessory buildings in the Markham Heritage Estates Subdivision (ZA 06-112355).

The Committee Clerk advised that 184 notices were mailed on May 30, 2007 and two Public Meeting signs were posted on May 24, 2007. Two written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal. The Zoning By-law amendment proposes to modify the provisions for the maximum gross ground floor area and an increase in maximum height for accessory buildings. Approval of this amendment will reduce the number of Minor Variance applications for future projects in the Markham Heritage Estates.

Mr. Reginald Pembleton, 35 Spencer Avenue, addressed Committee to express his concern with raising the height from 14 feet to 18 feet for accessory buildings (garages) which may result in garages being higher than the homes.

Staff advised, that with a maximum mid-point height of 18 feet, it would be very unusual for a garage to be higher than the main building. Staff also advised that different areas of the Town dictate different measuring points with respect to building height.

Moved by: Councillor A. Chiu

Second by: Councillor D. Horchik

That the written submissions from Greg and Tara Knight and Glen Baron, supporting the application regarding the proposed Zoning By-law amendment (File ZA 06 112355), Town initiated, to permit a larger building footprint for relocated Heritage buildings and accessory buildings, be received;

Moved by: Councillor C. Moretti

Seconded by: Councillor V. Burke

That the Development Services Commission Report dated March 20, 2007 entitled “Town-Initiated Zoning By-Law Amendment to permit a larger building footprint for relocated heritage buildings and accessory buildings, Markham Heritage Estates, ZA 06 112355” be received;

And that the Record of the Public Meeting held on June 19, 2007, with respect to the proposed amendments to By-law 1229, as amended, be received;

And that the application by the Town of Markham. to amend By-law 1229, as amended, be approved;

And further that the proposed amendment to By-law 1229, as amended, be enacted without further notice.

CARRIED

2. TOWN INITIATED OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENTS FOR
POLICIES AND DEVELOPMENT STANDARDS FOR
RURAL RESIDENTIAL AREAS (10.3, 10.5)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider Town initiated Official Plan and Zoning By-law amendments for Policies and Development Standards for Rural Residential Areas (OP 06-133377, ZA.06-133382).

The Committee Clerk advised that 918 notices were mailed on May 30, 2007, and a Public Meeting notice was posted in the Economist and Sun on Thursday May 31, 2007. Twelve written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal and the location. Staff reported the Official Plan Amendment would be exempt from Regional approval.

The Committee discussed updating the classification from “Rural” Residential to a designation more appropriate to the nearing urban context.. Staff suggested a more appropriate term might be “Estate” Residential and that a change could be done through a technical process.

Ms. Cindy Breslin, 23 Blencathra Hill read a prepared text stating her concerns and suggestions for the Cachet area.

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That the written submissions from Cindy Breslin, C. Pavlakis, Willie Ma, Hanna and Bryan Santarossa, Tara Gosal, H. Thomas, Roubiya and Sameen Mohamed, A. Paulakis, Robert White, Bill and Marion Faran, Roubiya Mohamed, Grace Casagrande, and Peter Casagrande, all in objection to the proposed Town initiated Official Plan and Zoning By-law amendments for policies and development standards for rural residential areas (OP 06-133377, ZA 06-133382), be received.

Moved by: Councillor D. Horchik

Seconded by: Councillor L. Kanapathi

CARRIED

That the Development Services Commission report dated April 17, 2007 entitled “Town Initiated Official Plan and Zoning By-law Amendments for Policies and Development Standards for Rural Residential Areas (OP.06-133377, ZA.06-133382)” be received;

And that the Record of the Public Meeting held on June 19, 2007, with respect to the proposed amendment to the Official Plan and Zoning By-law be received;

And further that the Town Initiated Official Plan and Zoning By-law be referred back to staff for a report and recommendation.

CARRIED

3. PINESHORE DEVELOPMENTS (WISMER) INC.
SOUTH OF MAJOR MACKENZIE DRIVE
ON THE WEST SIDE OF MINGAY AVENUE
WISMER COMMONS COMMUNITY
PROPOSED PLAN OF SUBDIVISION
AND IMPLEMENTING ZONING BY-LAW AMENDMENTS
SU 02 119221 (19TM-02019 – PHASE 2) AND ZA 07 110185 (10.7,10.5)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider an application for draft plan of subdivision and zoning by-law amendments submitted by Pineshore Developments (Wismer) Inc. (SU 02 119221, 19TM-02019 - Phase 2 and ZA 07 110185).

The Committee Clerk advised that 17 notices were mailed on May 30, 2007, and a Public Meeting sign was posted on May 25, 2007. No written submissions were received regarding this proposal.

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

Sal Crimi, S.C. Land Management Corp. representing Pineshore Developments (Wismer) Inc. was in attendance to respond to questions.

The Committee questioned if there was a water course or stream on the subject lands. Mr. Crimi confirmed there is no stream or natural feature.

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

Moved by: Councillor A. Chiu

Seconded by: Councillor C. Moretti

That the Record of the Public Meeting held on June 19, 2007 with respect to applications SU 02 119221 (19TM-02019 – Phase 2) and ZA 07 110185 submitted by Pineshore Developments (Wismer) Inc. for draft plan of subdivision approval and amendments to Zoning By-laws 304-87 and 177-96, be received;

And that draft plan of subdivision 19TM-02019 – Phase 2 be referred back to staff for further review and approval under section 2 (b) (iv) of Delegation By-law 2002-202, as amended.

And that amendments to Zoning By-laws 304-87 and 177-96 to implement draft plan of subdivision 19TM-02019 – Phase 2, be finalized for enactment.

CARRIED

4. RICE COMMERCIAL GROUP
APPLICATION FOR ZONING AMENDMENT
TO PERMIT AND INDUSTRIAL/OFFICE BUILDING
11258 WOODBINE AVENUE
HIGHWAY 404 NORTH PLANNING DISTRICT
ZA 07-114298 (10.5)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider an application submitted by Rice Commercial Group for zoning by-law amendments to permit the construction of industrial and office building, 11258 Woodbine Avenue (ZA 07-114298).

The Committee Clerk advised that 28 notices were mailed on May 30, 2007, and a Public Meeting sign was posted on May 29, 2007. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Staff advised prior to site plan approval, a tree inventory and preservation plan will be required and a Holding Provision (H) is included in the proposed zoning

The Committee questioned if there was a small stream on the subject property. Ms. Maria Gatzios, Gatzios Planning, representing Rice Commercial Group, confirmed that the subject lands do not have a stream or any natural features. Committee suggested further consultation take place with TRCA and that confirmation that there are no small water courses on the property be obtained. Ms. Gatzios reported that the landowners had the Conservation Authority on site and will forward their correspondence to staff.

The Committee reported there was an information meeting held with respect to this application and that at the meeting the applicant advised that no construction traffic will proceed through the intersection of Elgin Mills Road and Woodbine Avenue. It was suggested that this provision be incorporated into the site plan agreement. Staff confirmed that this will be done.

Mr. Aaron Isaac Platt, Stikeman Elliot, representing the landowners located directly northwest of the subject property, addressed Committee on the proposed Zoning By-law amendments. Mr. Platt advised his clients are in full support of the application and on the staff recommendations for a hold provision. He requested the following additional condition to lifting the Holding Provision (H) be included: that the applicant demonstrate direct access from the proposed internal road structure included in Official Plan Amendment No. 149 and access to the proposed municipal servicing system including water, storm water, etc.

Staff explained that traffic and servicing studies are required prior to the Holding Provision (H) being lifted. These studies will address the issues raised by Mr. Platt

Moved by: Mayor F. Scarpitti

Seconded by: Councillor D. Horchik

That the report from the Development Services Commission dated June 19, 2007, entitled “Rice Commercial Group, Application For Zoning By-law Amendment to permit the construction of industrial and office building, 11258 Woodbine Avenue”, be received;

That the Record of the Public Meeting held on June 19, 2007, with respect to the proposed amendments to By-laws 304-87 and 177-96, as amended, be received.

That the application by the Rice Commercial Group to amend By-laws 304-87 and 177-96, as amended, be approved;

And that the proposed amendments to By-laws 304-87 and 177-96, as amended, be enacted without further notice.

CARRIED

5. 2073236 ONTARIO INC.
ZONING BY-LAW AMENDMENT
APPLICATION TO PERMIT A FOUR (4) STOREY
RESIDENTIAL BUILDING
3882 HIGHWAY 7 EAST
NORTH SIDE OF HIGHWAY 7, EAST OF VERCLAIRE GATE
(ZA 06 135994) (10.5)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider an application submitted by 2073236 Ontario Inc. for zoning by-law amendment to permit a four storey residential building at 3882 Highway 7 (ZA 06 135994).

The Committee Clerk advised that 39 notices were mailed on May 30, 2007, and a Public Meeting sign was posted on May 27, 2007. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Staff reported that a noise impact study and traffic impact study will be required. A tree preservation and landscape plan is also needed to ensure the proposed development preserves any existing trees and/or other natural features if possible.

The architect representing 2073236 Ontario Inc. was in attendance to respond to questions.

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

The Committee recommended that the Town architect work together with the applicant in the development of the building design. Staff confirmed that this will occur.

Moved by: Regional Councillor G. Landon

Seconded by: Regional Councillor T. Wong

That the Development Services Commission report dated May 15, 2007, entitled “Preliminary Report. 2073236 Ontario Inc. Rezoning Application to permit a four (4) storey residential building at 3882 Highway 7 (ZA 06 135994)” be received;

And that the Record of the Public Meeting held on June 19, 2007, with respect to the proposed amendments to By-law 118-79 be received;

And further that the application by 2073236 Ontario Inc to amend By-law 118-79 be referred back to staff for a report and recommendation.

CARRIED

6. FLATO MANAGEMENT INC.
ZONING BY-LAW AMENDMENT AND
PLAN OF SUBDIVISION
APPLICATIONS TO PERMIT 13 RESIDENTIAL
SINGLE DETACHED LOTS
201 HELEN AVENUE (FORMERLY 161 HELEN AVENUE)
AND 207 HELEN AVENUE (FORMERLY 171 HELEN AVENUE)
SOUTH UNIONVILLE PLANNING DISTRICT
(ZA 06 134709 & SU 06 134653) (10.5, 10.7)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider an application submitted by Flato Management Inc. for a zoning by-law amendment and draft plan of subdivision application to permit thirteen single detached lots at 201 and 207 Helen Avenue (ZA 06 134709 and SU 06 134653).

The Committee Clerk advised that 150 notices were mailed on May 30, 2007, and a Public Meeting sign was posted on May 22, 2007. One written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Staff advised the applicant has provided an Environmental Site Assessment (ESA) and an Environmental Noise Analysis which are currently being reviewed.

Shakir Rehmatullai, owner of the subject property was in attendance to respond to any questions.

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

The Committee questioned if this item could go directly forward to Council. Staff advised that the application is dealing with a Zoning By-law amendment and Draft Plan of Subdivision and, as a result, the conditions of the Subdivision need to be completed and staff would like to bring the application back as a package. Staff will work on the application throughout the summer recess and bring it forward in the Fall.

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That the written submission from Glen Baron in support of the proposed Draft Plan of Subdivision and Zoning By-law amendment by Flato Management (ZA 06 134709), be received;

That the Development Services Commission report dated May 15, 2007, entitled “Preliminary Report. Flato Management Inc. Zoning By-law Amendment and Plan of Subdivision applications to permit thirteen single detached lots at 201 and 207 Helen Avenue (ZA 06 134709 & SU 06 134653)” be received;

And that the Record of the Public Meeting held on June 19, 2007, with respect to the proposed amendments to By-law 304-87 and draft plan of subdivision be received;

And further that the applications by Flato Management Inc. to amend By-law 304-87, and for a draft plan of subdivision be referred back to staff for a report and recommendation.

CARRIED

7. DOUGSON INVESTMENTS INC. (NISSAN)
1475398 ONTARIO INC. (BMW)
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT TWO ADDITIONAL
AUTOMOTIVE DEALERSHIPS ON THE
EAST SIDE OF KENNEDY ROAD,
NORTH OF HELEN AVENUE IN SOUTH UNIONVILLE
(OP.06-132776 AND ZA.06-132779) (10.3, 10.5)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider an application submitted by Dougson Investments Inc. (Nissan)/1475398 Ontario Inc. (BMW) to amend the Official Plan (Revised 1987) and zoning by-laws to permit two additional automotive dealerships on the east side of Kennedy Road, north of Helen Avenue in South Unionville (ZA 06-132776 and OP 06 132779).

The Committee Clerk advised that 1512 notices were mailed on May 30, 2007, and a Public Meeting sign was posted on May 30, 2007. Five written submissions were received regarding this proposal.

Staff clarified that the public meeting pertained only to the BMW portion of the lands and gave a presentation on the following: the history of applications on this property, the planned function of the Community Amenity Area designation and the nature of the proposed amendment, the location, surrounding uses and outstanding issues. Outstanding issues to be addressed include maintining the planned function, compatibility with surrounding uses, submission of reports and plans, site plan remains to be submitted, and comments from the TRCA are required.

Mr. Chris Sauer representing the South Unionville Community Association delivered a presentation to Committee outlining his concerns with the proposed application. He stated that adding another dealership will increase traffic flow on the residential streets. He also stated the proposal does not support the vision for the Community of South Unionville. Mr. Sauer suggested that development of community amenities would be a better option since currently none exist in South Unionville. A signed petition was submitted by Mr. Sauer on behalf of the residents of South Unionville.

Mr. Shakir Rehmatullah addressed the Committee stating he is not in opposition to the application. Mr. Rehmatullah owns the property next to the Nissan land and stated that a road will be built running north south between South Unionville and Helen Avenue and would like to ensure this doesn’t affect potential for future development of his land.

Staff advised that the Nissan dealership is proposing to eliminate that road and they are currently in discussion with BMW and Nissan. Staff assured the Committee they will continue to involve Mr. Rehmatullah in their discussions.

Mr. Rick Merrell, The Planning Partnership Ltd, representing the owners of the lands located in the southeast quadrant of the intersection of Kennedy Road and the future South Unionville Boulevard. Mr. Merrell submitted a letter outlining the process that has been undertaken to date by the applicant and other landowners. He advised that the BMW lands do not abut the residential area to the east and will not ask for additional access on Helen Avenue. Mr. Merrell reported that their immediate plans do not call for the development of a second dealership but, will in the future.

The Committee asked to see the original site plan conditions approved from approximately five years ago for the BMW site and ensure that they are complying with those conditions.

Mr. Al Duffy, Queensville Properties, stated that they are not proposing additional access on Helen Avenue. He advised that they currently have access on Kennedy Road which will not impact traffic in the residential areas. Mr. Duffy stated that all loading and unloading of vehicles is done on site and not on the roads.

The Committee asked about the outstanding OMB issue. Mr. Duffy advised that there is a severance condition relating to obtaining clearance from the South Unionville Developers group. The OMB conditions pertaining to fencing and landscaping have not been complied with pending the outcome of the current Nissan and BMW applications. A letter was received approximately two weeks ago with a number they are willing to settle with.

Ms. Maria Gatzios, Gatzios Planning representing the Nissan lands advised that they suggested to have the two applications dealt with separately. Ms. Gatzios is still working through issues with staff and working together with the other applicants to come up with comprehensive solutions. She stated that they didn’t want to hold up the BMW application and felt splitting the applications would be appropriate. Ms. Gatzios requested the Committee give formal confirmation to have the two proporerties (BMW and Nissan) dealt with separately.

The Committee asked if there are currently any other businesses on South Unionville of this nature. Staff advised there are no businesses on South Unionville and that currently all uses are residential.

Moved by: Mayor F. Scarpitti

Seconded by: Councillor A. Chiu

The Committee recommends that the Nissan and BMW lands be dealt with separately and that a Public Meeting be held in September for the Nissan lands.

CARRIED

Moved by: Councillor A. Chiu

Seconded by: Councillor C. Moretti

That the written submissions from Edward Mak, Glen Baron, Rita & Hans Mueller, Maria Grazia Raponi, Eric and Maria Tonks, Imre and Betty Boroczi in objection to the proposed Official Plan (Revised 1987) amendment and Zoning By-law amendments by 1475398 Ontario Inc. – BMW (OP 06 132776, ZA 06 132779), be received;

CARRIED

Moved by: Mayor F. Scarpitti

Seconded by: Councillor A. Chiu

That the Development Services Commission report dated April 3, 2007, entitled “Preliminary Report. Dougson Investments Inc. (Nissan)/1475398 Ontario Inc. (BMW). Official Plan and Zoning B-law amendment applications to permit two additional automotive dealerships on the east side of Kennedy Road, north of Helen Avenue in South Unionville (ZA.06-132776 and OP.06-132779)” be received;

And that the Record of the Public Meeting held on June 19, 2007, with respect to the proposed Official Plan Amendment and Zoning By-law Amendments to By-laws 304-87 and By-law 177-96, as amended, be received;

And further that the application by 1475398 Ontario Inc. (BMW) to amend the Official Plan (Revised 1987) and Zoning By-laws 304-87 and By-law 177-96, as amended, be referred back to staff for a report and recommendation.

CARRIED

8. MICHAEL JACOBS
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT FOUR SEMI-DETACHED
DWELLING UNITS AT 15 DEER PARK LANE,
MARKHAM VILLAGE
(ZA 07 110580) (10.5)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider an application submitted by Michael Jacobs for a zoning by-law amendment to permit four semi-detached dwelling units at 15 Deer Park Lane, Markham Village (ZA 07 110580).

The Committee Clerk advised that 108 notices were mailed on May 30, 2007, and a Public Meeting sign was posted on May 30, 2007. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Outstanding issue to be addressed is: potential on-street parking is a concern on Deer Park Lane and steps will be taken to prohibit that.

Mr. Frank VanBethlehem, Vanbethlehem Architect Inc. representing Michael Jacobs was in attendance to respond to any questions.

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

Moved by: Councillor J. Webster

Seconded by: Regional Councillor J. Heath

That the report from the Development Services Commission dated May 15, 2007, entitled “Preliminary Report, Michael Jacobs, Application for Zoning By-law Amendment to Permit Four Semi-Detached Dwelling Units at 15 Deer Park Lane, Markham Village, ZA 07 110580” be received;

That the Record of the Public Meeting held on June 19, 2007, with respect to the rezoning application submitted by Michael Jacobs to amend By-law 1229, as amended, be received;

That the rezoning application by Michael Jacobs to amend By-law 1229, as amended, be approved;

And that the proposed amendment to By-law 1229, as amended, be enacted without further notice.

CARRIED

ADJOURNMENT

The Development Services Public Meeting adjourned at the hour of 9:20 p.m.