MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

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

Council Chamber

Meeting No. 2

All Members of Council

Development Services

Chair: Councillor J. Webster

Vice-Chair: Councillor D. Horchik

Attendance

Mayor F. Scarpitti Regional Councillor G. Landon Councillor V. Burke Councillor J. Virgilio Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Deputy Mayor J. Heath Regional Councillor J. Jones Regional Councillor T. Wong Councillor E. Shapero

B. Karumanchery, Senior Development Manager R. Blake, Manager, West District D. Cheng, Senior Planner G. Day, Planner T. Kanji, Senior Planner A. Tari, Committee Clerk

The Development Services Public Meeting convened at 7:02 PM in the Council Chamber with Councillor J. Webster in the Chair.

DISCLOSURE OF PECUNIARY INTEREST

Councillor V. Burke disclosed an interest with respect to Item #1, as her family owed a business located in the vicinity, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

1. APPLICATIONS BY A.V. BOMBINI HOLDINGS LTD
FOR RE-ZONING FROM INDUSTRIAL TO
BUSINESS CORRIDOR AND SITE PLAN APPROVAL
TO PERMIT AN OFFICE BUILDING AT 16 HARLECH COURT
(ZA 08-111725, SC 08-111742); AND,
TOWN-INITIATED OFFICIAL PLAN AMENDMENT
TO REMOVE RESTRICTIONS ON PROFESSIONAL
AND BUSINESS OFFICE USES WITHIN THE
GENERAL INDUSTRIAL AREA OF THE
THORNHILL SECONDARY PLAN
(OP 08- 08 115891) (10.5, 10.3)

Report Attachment

Mr. Biju Karumanchery, Senior Development Manager advised that the subject of the Public Meeting this date was to consider both a Town initiated amendment to the Thornhill Secondary Plan to remove restrictions on professional and business office uses within the general industrial area and an application submitted by A.V. Bombini Holdings Ltd. for Zoning By-law amendment to permit an office building at 16 Harlech Court (OP 08-115891, ZA 08-111725 and

SC 08-111742).

The Committee Clerk advised that 85 notices were mailed on January 14, 2009, and a Public Meeting sign was posted on December 24, 2008. One written submission was received regarding this proposal.

Staff gave a presentation regarding the proposal, the location and surrounding uses. There are no outstanding issues. Members of Council enquired about height provisions in the by-law and the potential impact of height on the residential neighbourhood to the north. Staff indicated that a height limit reflecting the proposal would be included in the by-law.

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

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That the correspondence from John and Cecilia Ferreira, 9 Harlech Crt, be received.

CARRIED

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the Development Services Commission report dated June 17, 2008, entitled “PRELIMINARY REPORT - Application by A.V. Bombini Holdings Ltd. for re-zoning to permit professional and business office uses in the Industrial (M) zone - ZA 08-111725 and, Town-initiated Official Plan amendment to remove restrictions on professional and business office uses within the General Industrial Area of the Thornhill Secondary Plan OP 08- 08 115891”, be received; and,

That the Record of the Public Meeting held on February 3, 2009, with respect to the proposed amendment to By-law 77-73; and, Town-initiated Official Plan amendment to remove restrictions on professional and business office uses within the General Industrial Area of the Thornhill Secondary Plan, be received; and,

That the applications by A.V. Bombini Holdings Ltd. to amend By-law 77-73; and, Town-initiated Official Plan amendment to remove restrictions on professional and business office uses within the General Industrial Area of the Thornhill Secondary Plan, be approved; and further,

That the proposed amendment to Zoning By-law 77-73 and Town-initiated Official Plan Amendment, be enacted without further notice.

CARRIED

2. APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT A GAS BAR, CAR WASH, AND
CONVENIENCE STORE WITH A DRIVE-THROUGH FACILITY
AT 2801 ELGIN MILLS ROAD EAST
CLERA HOLDINGS LIMITED
(ZA 08 121296) (10.5)

Report Attachment

Mr. Karumanchery advised that the subject of the Public Meeting this date was to consider an application submitted by Clera Holdings Limited for Zoning by-law amendment to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road East (ZA 08-121296).

The Committee Clerk advised that 65 notices were mailed on January 14, 2009, and a Public Meeting sign was posted on January 12, 2009. No written submissions were received regarding this proposal.

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

Certain Committee members expressed concerns regarding the proposed convenience store with a drive-through facility. It was suggested that staff not permit the drive-through or if it is permitted that the drive-through not be exposed to the abutting arterial roads.

Mr. Don Dussault, Imperial Oil Limited, delivered a PowerPoint presentation regarding the proposed development at 2801 Elgin Mills Road East. He advised that 41% of the property will be landscaped and that only two access points into the complex have been approved by the Region of York. Mr. Dussault stated that the proposed drive-through is essential to this proposal and hopes to work through the issues with staff. He provided a detailed explanation in support of the applicant’s decision to not have a full service component at this location. He expressed his view that Esso’s policy does meet the requirements to provide full service to people with disabilities by providing them with the opportunity to call the gas station in advance and make arrangements.

Certain members of Committee expressed the concern that physically challenged individuals would have to call 24 hours in advance to make arrangements for assistance with obtaining gas.

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That the Development Services Commission report dated December 2, 2008, entitled “PRELIMINARY REPORT - Application for Zoning By-law Amendment to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road East - Clera Holdings Limited, file # ZA 08 121296”, be received; and,

That the Record of the Public Meeting held on February 3, 2009, with respect to the proposed amendment to By-law 177-96 to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road East, be received; and further,

That staff be directed to prepare a recommendation report on the application by Clera Holdings Limited to amend Zoning By-law 177-96, as amended.

CARRIED

3. KYLEMORE POST ROAD LIMITED
(VILLAGE GROCER)
APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT,
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATION TO PERMIT A
COMMERCIAL BUILDING.
4472 AND 4476 16^TH AVENUE
(OP.08-129443, ZA.08-118671 AND SC.08-118753) (10.3, 10.5, 10.6)

Report Attachment

Mr. Karumanchery advised that the subject of the Public Meeting this date was to consider applications submitted by Kylemore Post Road Limited (Village Grocer) for an Official Plan Amendment, Zoning By-law Amendment to permit a commercial building at 4472 and 4476 16^th Avenue (OP 08-1294423, ZA 08 118671 and SC 08 118753).

The Committee Clerk advised that 159 notices were mailed on January 14, 2009, and a Public Meeting sign was posted on January 13, 2009. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location and surrounding uses. There are minor outstanding issues to be resolved through the site plan process. Staff advised that the applicant is committed to a LEED certified building.

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

There was considerable discussion regarding the proposed Official Plan Amendment to re-designate the site from Neighbourhood Commercial to Community Amenity Area. The Committee stated concerns with respect to permitting broader uses on the site through the new designation. Staff advised that the permitted uses can be restricted through the Zoning By-law Amendment and the site specific Official Plan Amendment to ensure that unwanted uses are excluded. Staff also indicated that they would explore with the Legal Department whether Neighbourhood Commercial designation can be applied without holding another Public Meeting.

Moved by Mayor F. Scarpitti

Seconded by Councillor A. Chiu

That the Development Services Commission report dated December 2, 2008, entitled “Preliminary Report. Kylemore Post Road Limited (Village Grocer). Applications for an Official Plan Amendment, Zoning By-law Amendment and Site Plan application to permit a commercial building at 4472 and 4476 16^th Avenue (OP 08 1294423, ZA 08 118671 and SC 08 118753)” be received; and,

That the Record of the Public Meeting held on February 3, 2009, with respect to the proposed amendments to the Town Official Plan and Zoning By-law 177-96 and By-law 304-87 be received; and,

That the application by Kylemore Post Road Limited (Village Grocer) to amend the Town’s Official Plan and Zoning By-law 177-96, as amended, and By-law 304-87, as amended, be approved; and further,

That the proposed amendments to the Town’s Official Plan and Zoning By-law 177-96, as amended, and By-law 304-87 as amended, be enacted without further notice.

CARRIED

4. FAIRVIEW & LAM INVESTMENTS LIMITED
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO ADD A PLACE OF WORSHIP TO THE LIST
OF PERMITTED USES
9441 MARKHAM ROAD
(ZA 08-125551) (10.5)

Report Attachment

Mr. Karumanchery advised the subject of the Public Meeting this date was to consider an application submitted by Fairview & Lam Investments Limited for a Zoning By-law amendment to add a place of worship to the list of permitted uses at 9441 Markham Road (ZA 08-125551).

The Committee Clerk advised that 33 notices were mailed on January 14, 2009, and a Public Meeting sign was posted on January 12, 2009. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location and surrounding uses. All concerns related to this application have been addressed.

The Committee discussed the parking requirements for this proposal. Staff advised that the parking requirement was calculated based on a place of worship rate and that this was confirmed by the Zoning department. Staff also noted that the Zoning By-law Amendment would restrict the size of the place of worship use to that currently proposed. Staff also advised that the transportation department concurs with the results of the parking and traffic study submitted by the applicant.

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

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

That the Development Services Commission report dated November 18, 2008 entitled “Preliminary Report, Fairview & Lam Investments Limited, Application for Zoning By-law Amendment to add a Place of Worship to the list of permitted uses at 9441 Markham Road File Number ZA 08-125551” be received; and,

That the Record of the Public Meeting held on February 3, 2009, with respect to the application by Fairview & Lam Investments Limited for Zoning By-law Amendment, be received; and,

That the applications by Fairview & Lam Investments Limited for Zoning By-law Amendment to amend By-law 188-84, as amended, be approved; and further,

That the proposed amendments to By-law 188-84, as amended, be enacted without further notice.

CARRIED

5. SEVEN STAR PLAZA INC.
APPLICATION FOR OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENT TO
RE-DESIGNATE AND RE-ZONE THE LANDS
TO COMBINE THEM WITH THE LANDS TO THE
NORTH TO FACILITATE A COMPREHENSIVE
COMMERCIAL DEVELOPMENT AT 8495 MCCOWAN ROAD
(OP 08-120413 AND ZA 08-120455) (10.3, 10.5)

Report Attachment

Mr. Karumanchery advised the subject of the Public Meeting this date was to consider an application submitted by Seven Star Plaza Inc. for Official Plan and Zoning By-law amendment to re-designate and re-zone the subject lands to allow it to be combined with the lands to the north to facilitate a comprehensive commercial re-development at 8495 McCowan Road (OP 08-129443 and ZA 08-118671).

The Committee Clerk advised that 78 notices were mailed on January 14, 2009, and a Public Meeting sign was posted on January 9, 2009. Three written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Staff indicated that a formal site plan application has not been submitted to-date. Staff advised that if the Zoning By-law Amendment is enacted prior to the submission of the site plan application that a Holding Provision (H) would be placed on the Zoning By-law amendment.

Mr. Mark Eplett, applicant, addressed the Committee to provide additional information regarding the proposed commercial development at 8495 McCowan Road. He advised that he has met with the residents on two occasions. Mr. Eplett indicated that many of the resident’s concerns have been addressed such as: providing landscape and extra buffer to the abutting properties, proposing a single storey building rather than a higher one, all back lights have been lowered, the drive-through for the TD Canada Trust Bank has been removed and all garbage and recycling containers will be incorporated inside the buildings.

Mr. Alan Adams, 100 Southdale Drive, addressed the Committee regarding the applications for the commercial re-development at 8495 McCowan Road and stated his opposition. He suggested that the Zoning By-law amendment should not be considered until the site plan application has been submitted.

Mr. David Wiesenthal, 17 Southdale Drive, delivered a PowerPoint presentation regarding the Seven Star Plaza redevelopment application and requested additional information with regard to traffic. He stated his concern that this proposal will have significant negative impact on current traffic congestion in the area.

Mr. Ewart Kinsbury, 96 Southdale Drive, addressed the Committee with respect to the proposed commercial re-development at 8495 McCowan Road and spoke in opposition. He suggested that the applications be put on hold until the applicant submits a site plan application.

Mr. Ben Milosevski, 98 Southdale Drive, addressed the Committee regarding the proposed commercial re-development at 8495 McCowan Road. He stated that his backyard abuts the subject property and would like to see the site plan before providing his comments.

Mr. Ross Anderson, 11 Gladiator Road, addressed the Committee with respect to the proposed commercial re-development at 8495 McCowan Road and stated his opposition. He believes the lands should remain for residential use.

Staff advised that under the Planning Act complete applications must be dealt with by Council within 120 days of submission and that after that time frame if the application has not been dealt with the applicant has the option of appealing the matter to the Ontario Municipal Board. Staff noted that an application can be deferred with the applicant’s concurrence with limited consequence. Staff also advised that most of the resident’s concerns will be addressed during the site plan process.

The Committee enquired if there is the possibility of aligning the entrance of this plaza with the entrance of the plaza to the west to try and have the Region of York permit a traffic light. Staff advised that the owners of both properties would have to agree to the alignment and discussion with the Region of York would be required regarding distance separation from the traffic lights. The Committee suggested that with the applicant’s agreement, the applications be deferred to provide an opportunity for the Ward Councillor to hold a Community Information Meeting and perhaps establish a working group.

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That the correspondence from David Wiesenthal, Alex A. Abernethy and Ian J. Lord, WeirFoulds LLP, be received.

CARRIED

Moved by Councillor C. Moretti

Seconded by Mayor F. Scarpitti

That the Development Services Commission report dated November 18, 2008 entitled “Preliminary Report, Seven Star Plaza Inc., Applications for Official Plan and Zoning By-law Amendment to re-designate and re-zone the lands to combine them with the lands to the north to facilitate a comprehensive commercial development at 8495 McCowan Road” be received; and,

That the Record of the Public Meeting held on February 3, 2009, with respect to the applications by Seven Star Plaza Inc., Official Plan and Zoning By-law Amendment, be received; and,

That the Ward Councillor hold a Community Information Meeting to try and resolve the issues; and further,

That staff be directed to prepare a recommendation report that includes the proposed site plan supporting the applications submitted by Seven Star Plaza Inc and report back to the Development Services Committee by April 2009.

CARRIED

ADJOURNMENT

The Development Services Public Meeting adjourned at 9:35 PM.