MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

2010-05-18 - 7:00 p.m.

Council Chamber

Meeting No. 6

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 D. Hamilton

Councillor C. Moretti

Councillor J. Webster

Councillor D. Horchik

Councillor A. Chiu

 

Regrets

Councillor E. Shapero

Councillor L. Kanapathi

 

B. Karumanchery, Senior Development Manager

R. Blake, Manager, West District

G. Sellars, Senior Planner

B. Wiles, Manager By-law Enforcement & Licensing

M. Wouters, Manager East District

L. Duoba, Sr. Project Coordinator, Rouge Park & Environment

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

 

None disclosed.

 

 

 

 

 

 

 

 

 

 

1.         TOWN INITIATED ZONING BY-LAW AMENDMENT
            RELATING TO ELECTION CAMPAIGN OFFICES
            IN NON-RESIDENTIAL ZONES IN THE TOWN OF MARKHAM (10.5)

            Report  Attachment

 

Mr. Biju Karumanchery, Senior Development Manager advised that the subject of the Public Meeting this date was to consider a Town-wide Zoning By-law Amendment respecting Election Campaign Offices in non-residential zones.

 

The Committee Clerk advised that notice was published in the Markham Economist and Sun, Markham Page and Thornhill Liberal on April 29, 2010.

 

Staff delivered a PowerPoint presentation for the proposed Town-wide Zoning By-law Amendment regarding Election Campaign Offices providing background information, purpose and effect of the amendment.

 

There was brief discussion regarding the Unionville Core by-law area. 

 

The Committee inquired about permitting the erection of election signs to identify campaign offices at private residences while conforming to the Home Occupation By-law.

Staff advised that the Home Occupation By-law would have to be amended to permit that.  Staff pointed out that amending the Home Occupation By-law may require holding another Statutory Public Meeting.

 

There was discussion with respect to the proposed two month (62 day) restriction for the temporary use of Election Campaign offices in non-residential areas and whether that time restriction should be increased and/or not have a time restriction.

 

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

 

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

 

1)         That the Development Services Commission report dated March 24, 2010 entitled “Preliminary Report, Town initiated Zoning By-law Amendment relating to Election Campaign Offices in non-residential zones in the Town of Markham” be received; and,

 

2)         That the Record of the Public Meeting held on May 18, 2010, with respect to the proposed town-wide zoning by-law amendment be received; and,

 

3)         That staff be directed to prepare a memo outlining the potential process required to facilitate the erection of election signs identifying a campaign office at a private residence in conformity with the Home Occupation By-Law; and,

 

 

 

4)         That clause 1.2(b) of the draft proposed amending By-law referenced as Appendix B of the March 24, 2010 staff report entitled “Town initiated Zoning By-law Amendment relating to Election Campaign Offices in non-residential zones in the Town of Markham” be deleted; and further,

 

5)         That the Town-initiated amendment to By-laws 1229, 1442, 1507, 1767, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended, be approved; and,

 

6)         That the proposed amendment to By-laws 1229, 1442, 1507, 1767, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended be enacted without further notice.

CARRIED

 

 

 

2.         CESARONI HOLDINGS
            10757, 10759 & 10761 WOODBINE AVENUE
           
APPLICATIONS FOR REZONING FROM
            RURAL RESIDENTIAL HAMLET TO GENERAL
            COMMERCIAL AND SITE PLAN APPROVAL TO
            PERMIT A RESOURCE CENTRE WITH BOOK STORE
            AND MEDICAL/PROFESSIONAL OFFICES
            (ZA 09 126458 & SC 09 126459) (10.5, 10.6)

            Report  Attachment

 

Mr. Biju Karumanchery, Senior Development Manager advised that the subject of the Public Meeting this date was to consider an application submitted by Cesaroni Holdings Ltd. for Zoning By-law Amendment to permit a resource centre with book store and medical/professional offices at 10761, 10759 and 10757 Woodbine Avenue (ZA 09 126458 and SC 09 126459)

 

The Committee Clerk advised that 62 notices were mailed on April 28, 2010, and a Public Meeting sign was posted on April 22, 2010.  Three written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, proposed building elevations and outstanding concerns/issues.   Staff briefly reviewed the existing Official Plan policies that are currently under appeal at the Ontario Municipal Board (OMB).

 

 

 

 

Ms. Maria Gatzios, Gatzios Planning on behalf of the applicant addressed the Committee advising that there was a pre-submission consultation prior to Council adopting their Official Plan Amendment.  She indicated that their proposal is zoned for very specific uses.  Ms. Gatzios also indicated that the applicant has worked very hard with staff in ensuring that the Heritage Building is properly restored and saved.  Ms. Gatzios briefly reviewed the size and scale of the proposal. 

 

There was brief discussion regarding the location of other existing medical offices in the area.

 

Ms. Nancy Brumwell, Markham resident, addressed the Committee with respect to the Cesaroni Holdings proposal at 10757, 10759 and 10761 Woodbine Avenue and spoke in opposition.  She is concerned that permitting commercial uses would increase the traffic.  Ms. Brumwell believes that permitting commercial uses will result in the loss of the historical presence in the Hamlet of Victoria Square.

 

Mr. Matthew McKinlay, Markham resident, addressed the Committee regarding the Cesaroni Holdings proposal at 10757, 10759 and 10761 Woodbine Avenue and spoke in opposition.  He believes that the Hamlet of Victoria Square should remain residential and that permitting commercial uses would potentially increase traffic, light and noise pollution.

 

Mr. Michael Davis, Markham resident, addressed the Committee respect to the Cesaroni Holdings proposal at 10757, 10759 and 10761 Woodbine Avenue and spoke in support.

 

Mr. Tom Carvelli, Markham resident, addressed the Committee regarding the Cesaroni Holidngs proposal at 10757, 10759 and 10761 Woodbine Avenue and spoke in support.

 

Mr. Michael Kusner, Markham resident, addressed the Committee with respect to the Cesaroni Holidngs proposal at 10757, 10759 and 10761 Woodbine Avenue and spoke in support.  He believes that this proposal will set the pace of how the Hamlet of Victoria Square should evolve.

 

There was discussion regarding the Woodbine By-Pass and Woodbine Avenue.  Staff advised that Woodbine Avenue will be transferred to the Town of Markham at the same time that the Woodbine By-Pass becomes a Regional Road.  Staff also advised that the Town will need to enter into an Environmental Study for Woodbine Avenue.

 

There was brief discussion with respect to the Ontario Municipal Board Hearing for the Official Plan Amendment No. 182 (Victoria Square) and whether this application would have any implications on the outcome of that hearing.

 

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

 

That the correspondence from Ms. Joy Mortson, Ms. Annie Pinteric and Mr. Jim Roberston be received.

CARRIED

 

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

1)         That the report entitled “Preliminary Report, Cesaroni Holdings, 10757, 10759 and 10761, Woodbine Ave., Applications for re-zoning from Rural Residential Hamlet to General Commercial and site plan approval to permit a resource centre with book store and medical/professional offices, File No.: ZA 09 126458 and SC 09 126459”, dated March 23, 2010 be received; and,

 

2)         That the Record of the Public Meeting held on May 18, 2010, with respect to the proposed amendment to Zoning By-law 83-73, as amended, be received; and further,

 

3)         That staff be directed to further review and evaluate the proposal and report back to the Development Services Committee.

CARRIED

 

 

 

3.         MEMORIAL GARDENS CANADA LIMITED
APPLICATION FOR OFFICIAL PLAN AMENDMENT
TO PERMIT A CEMETERY AND RELATED USES AT
6278 19TH AVENUE NEAR THE NORTHEAST CORNER
OF DICKSON HILL ROAD AND 19TH AVENUE (OP 07 134061) (10.3)

            Report  Attachment 

 

Mr. Biju Karumanchery, Senior Development Manager advised that the subject of the Public Meeting this date was to consider an application submitted by Memorial Gardens Canada Limited for Official Plan amendment to permit a cemetery and related uses at 6278 19th Avenue, Dickson Hill (OP 07 134061).

 

The Committee Clerk advised that 53 notices were mailed on April 28, 2010, and two Public Meeting signs were posted on April 26, 2010, 2010.  Six written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, land use designations and outstanding issues.  Staff pointed out that the majority of the lands are designated Oak Ridges Morain-Countryside and Oak Ridges Moraine-Natural Link Area in the Oak Ridges Moraine Secondary Plan (OPA 117). 

 

There was brief discussion regarding the Little Rouge Creek Policy Area and the boundaries of the park.

 

Ms. Sarah Baldwin, Larkin & Associates on behalf of the applicant delivered a PowerPoint presentation regarding the proposal by Memorial Gardens Canada Limited to permit a cemetery and related uses at 6278 19th Avenue.

 

The Committee inquired whether another course of action could be taken given that the designation is not at the municipal level.  Staff advised that although the final decision is at the Provincial level the Town must provide their position on the application.  Mr. Michael Larkin, Larkin & Associates Planning Consultants Inc. addressed the Committee advising that they have submitted their justification reports to the Province, Region of York and the Town of Markham.  He indicated that they have not received any feedback from the Province to date and are agreeable with the Town of Markham putting their application on hold until the comments are received from the Province.

 

Mr. David McKennitt, Markham resident, addressed the Committee regarding the proposal by Memorial Gardens Canada Limited stating some concerns.  His concerns include:  impact on the surrounding water wells; storm water runoff; changes to wetlands locations; large volume of ground water required for irrigation purposes; impact of leachate from the cemetery on the quality of the groundwater; effect on spawning migration in the Little Rouge Creek and impact on air quality if there is a crematorium.

 

Mr. David Jones, Markham resident, addressed the Committee with respect to the proposal by Memorial Gardens Canada Limited and spoke in opposition.  He advised the Committee that there has been some truck activity on-site and would appreciate the Town ensuring that there is no illegal business occurring.

 

Staff confirmed that they will investigate the business activity that is occurring on site.

 

Mr. Ryan Guetter, Weston Consulting Group Inc. on behalf of the landowner at 11776 Highway 48 in the Town of Whitchurch-Stouffville, addressed the Committee advising that they have not had an opportunity to review the materials and assess the merits of the application.

 

Mr. Willie Reodica, Real Estate agent in the Stouffville area, addressed the Committee regarding the proposal by Memorial Gardens Limited and stated some concerns.  He is concerned with the potential decrease in property values for lands surrounding the subject property if the cemetery is approved.  Mr. Reodica is also concerned with the potential increase in traffic.

 

There was considerable discussion as to whether this application should go directly to Council or directed back to staff for a recommendation report.

 

The Committee discussed the potential of this application being appealed to the Ontario Municipal Board (OMB) and that if it is appealed the Town should have a position.

 

The Committee inquired if the staff report will only comment on the Oak Ridges Moraine issues or will the staff report respond to all the issues raised.  Staff advised that although the application is only dealing with an Official Plan amendment, the report will address all issues raised.

 

 

 

 

 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

That the correspondence from Jadwiga & Boguslaw Byszewski, Kiet Ngo, Mary Brawley and David Jones, Ron Jung, David H. McKennitt and Ryan Guetter, be received

CARRIED

 

Moved by Councillor C. Moretti

Seconded by Regional Councillor G. Landon

 

1)         That the Development Services Commission report dated May 18, 2010, entitled, “Information Report, Memorial Gardens Canada Limited, Application for Official Plan Amendment to permit a cemetery and related uses at 6278 19th Avenue, Dickson Hill, File No: OP 07 134061”, be received; and,

 

2)         That the Record of the Public Meeting held on May 18, 2010 with respect to the application by Memorial Gardens Canada Limited to amend the Official Plan, be received; and further,

 

3)         That the application by Memorial Gardens Canada Limited be referred back to staff for a report and recommendation.

CARRIED

 

 

 

ADJOURNMENT

 

The Development Services Public Meeting adjourned at 10:10 PM.

 

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