MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

2008-04-08 - 7:00 p.m.

Council Chamber

Meeting No. 3

All Members of Council

Development Services

Chair: Councillor J. Webster

Vice-Chair: Councillor D. Horchik

Attendance

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

J. Baird, Commissioner of Development Services S. Heaslip, Senior Planner R. Kendall, Manager, Central District V. Shuttleworth, Director of Planning and Urban Design S. Muradali, Planner A. Tari, Committee Clerk

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

DISCLOSURE OF PECUNIARY INTEREST - None disclosed.

1. 1606090 ONTARIO LIMITED
78 AND 90 LEE AVENUE
ZONING BY-LAW AMENDMENT
AND DRAFT PLAN OF SUBDIVISION
(ZA 05 013080, SU 05 013073) (10.5, 10.7)

The Chair advised the subject of the Public Meeting this date was to consider an application submitted by 1606090 Ontario Limited for a Zoning By-law amendment to create 10 lots intended for single family detached dwellings through a draft plan of subdivision at 78 and 90 Lee Avenue (SU 05 013073 and ZA 05 013080).

The Committee Clerk advised that 93 notices were mailed on March 19, 2008, and a Public Meeting sign was posted on March 17, 2008. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Staff advised this application was presented to the Development Services Committee approximately two years ago but, was delayed due to lack of servicing allocation. Servicing allocation was granted in February 2008. Staff also advised that the severance and minor variance applications that were approved in November 2005 were appealed to the Ontario Municipal Board (OMB). The OMB imposed the following conditions of approval on the severed and retained parcels: minimum front yard setback of 40 feet; minimum side yard setback of 14.7 feet for all new homes at 90 Lee Avenue to protect the hedgerow and, all new homes are subject to site plan control.

The Committee suggested requesting that the owner replant an equal number of trees that will have to be removed to allow the construction of the proposed 10 lots.

Mr. Dale Halliday, Markham resident, addressed the Committee regarding the proposed application for 78 and 90 Lee Avenue. He is concerned with the precedent that will be set in the community if this application is approved. Mr. Halliday had the following questions: is the agreement the same as the one outlined by the Ontario Municipal Board?; what is the minimum lot size stated in the current By-law for this area?; and what will be considered acceptable lot size in the future?

Staff advised that the agreement has remained the same as the one set out by the OMB and that a recommendation report will be presented to the Development Services Committee on April 22, 2008 that will indicate the By-law’s minimum lot size and address the community’s concern regarding the character of Lee Avenue.

Mr. Giuseppe Di Norcia, Markham resident, addressed the Committee regarding the proposed application for 78 and 90 Lee Avenue, stating he owns the property next door and is concerned with deteriorating trees on subject property.

Staff advised that they have requested the applicant not remove any trees on the property until the application is completed unless, they are causing a hazard.

Mr. Tom Gunovski, applicant, addressed the Committee with respect to his proposed development at 78 and 90 Lee Avenue stating he cut two trees facing on Lee Avenue and two trees that abutting his neighbour’s driveway because the trees were old and falling down.

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

That the Record of the Public Meeting held on April 8, 2008 with respect to the proposed amendment to By-law 193-81 and draft plan of subdivision, be received; and,

That the application by 1606090 Ontario Limited to amend By-law 193-81, as amended, and for a draft plan of subdivision be referred back to staff for a report and recommendation.

CARRIED

2. 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 Town's Official Plan and Zoning By-law 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).

The Committee Clerk advised that 48 notices were mailed on March 19, 2008, and a Public Meeting sign was posted on March 18, 2008. One written submission was received regarding this proposal.

Staff advised that when the preliminary report was written, Dougson Investments Inc (Village Nissan) and 1475398 Ontario Inc. (BMW) were considered together. However, at the request of BMW, the applications are now being dealt with separately.

Staff gave a presentation for Dougson Investment Inc. (Nissan) regarding the proposal, the location, surrounding uses and outstanding issues. Staff advised that the proposed VIVA bus route restricts all turning movements along Kennedy Road and that the potential of a shared access has been raised although, BMW is not interested. Staff also advised that the swales and water courses on the property will be discussed in the recommendation report.

Ms. Maria Gatzios, Gatzios Planning and Development, on behalf of the applicant, addressed the Committee stating that an informal meeting was held in late February 2008 with the residents. She advised that the concerns raised at the meeting are being addressed by Dougson Investments Inc. Ms. Gatzios presented the Committee with a contextual plan that included the proposed South Unionville Avenue access into the site. She advised that the building will be constructed closer to South Unionville Avenue and that Dougson Investments Inc is prepared to remove the proposed right-in, right-out on Helen Avenue at the request of staff and/or Committee. She confirmed that cars will only be delivered individually, on as needed basis.

The Committee discussed the concern with the proposed dealership not having any frontage on a Regional Road and the re-alignment of the future South Unionville Road.

Mr. Gary Cheng, Unionville resident, addressed the Committee regarding the proposed Nissan dealership stating his concerns with the potential increase of traffic on Castan Avenue and South Unionville Road. He believes the dealership will have a negative impact on the existing community.

Mr. Chris Sauer, South Unionville Community Association, addressed the Committee regarding the proposed Nissan dealership stating that the community appreciates the applicant’s efforts to address the resident’s concerns. He advised that the resident’s main issue is the potential increase of traffic on South Unionville Avenue. Mr. Sauer also advised that the residents would prefer that Nissan did not have an access off of Helen Avenue. Another concern is the potential light pollution from the site.

Mr. Alfio Foti, Unionville resident, addressed the Committee with respect to the proposed Nissan dealership stating he is not in support of this application. He also expressed concern that the dealership will expand into the lot to the east.

Moved by Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

That the correspondence from Erick & Maria Tonks, Imre & Betty Boroczi, Mario & Grace Raponi and Hans & Rita Mueller be received; and,

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 by-law amendment applications to permit two additional automotive dealerships on the east side of Kennedy Road, north of Helen Avenue in South Unionville” be received; and,

That the Record of the Public Meeting held on April 8, 2008, with respect to the proposed amendments to the Town’s Official Plan and zoning by-laws be received; and further,

That the applications made by Dougson Investments Inc. to amend the Town’s Official Plan and zoning by-laws be referred back to staff for a report and recommendation.

CARRIED

3. JOLIE HOME INC.
APPLICATIONS FOR OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENTS TO PERMIT
A MIXED-USE DEVELOPMENT EAST SIDE OF KENNEDY ROAD
BETWEEN CASTAN AVENUE AND SOUTH UNIONVILLE AVENUE
SOUTH UNIONVILLE COMMUNITY
OP 07 126509 & ZA 07 126612 (10.3, 10.5)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider an application to amend the Town's Official Plan and Zoning By-law submitted by Jolie Home Inc. to permit a mixed-use development, east side of Kennedy Road between Castan Avenue and South Unionville Avenue, South Unionville Community (OP.07-126509 and ZA.07-126612).

The Committee Clerk advised that 133 notices were mailed on March 19, 2008, and a Public Meeting sign was posted on March 18, 2008. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues that include: location and building height of the apartment, integration of apartment component, limited servicing allocation and parkland dedication. Staff advised the recommendation report will review any water course on the lands.

Mr. Hal Kersey, Mady Development Corporation, addressed the Committee with respect to the proposed mixed-use development in the South Unionville community stating he is willing to continue to work with staff to resolve the outstanding issues and concerns of the community.

Mr. Simon Ko, Kirkor Architects and Planners, addressed the Committee regarding the proposed mixed-use development in South Unionville community. He thanked Councillor J. Virgilio, staff and the residents for their participation and suggestions at the Public Information Meetings. Mr. Ko presented the Committee a revised context plan indicating they have reduced the number of units by decreasing the building heights from 16 storeys to 12 storeys. They are proposing Townhouses fronting on the “future road” with office towers behind that will also include some surface parking and underground parking as well. Mr. Ko advised they are prepared to make further improvements in coordination with staff and the residents and will investigate LEED standards as well.

The Committee suggested the applicant consider reducing the amount of surface parking and increasing green space on site by incorporating things such as roof gardens.

Mr. Chris Sauer, South Unionville Community Association, addressed the Committee with respect to the proposed mixed use development in the South Unionville community. He thanked the applicant for holding the Public Information Meetings to allow residents the opportunity to voice their concerns and provide input. Mr. Sauer stated he is concerned with the potential increase of traffic on South Unionville Avenue and the height of the residential towers.

Mr. Gary Cheng, Unionville resident, addressed the Committee regarding the proposed mixed use development in the South Unionville community stating his concern with the potential increase of traffic on streets such as Castan Avenue and the safety of the children that use that street to walk to the school. He also stated concerns with the potential increase in noise and abandoned shopping carts.

Mr. Chris Adamowski, Unionville resident, addressed the Committee with respect to the proposed mixed use development in the South Unionville community, stating he is not in support of this application. He also stated concerns that the proposed building heights are not in keeping with the character of the community. Mr. Adamowski is also concerned with the parking spilling onto the surrounding residential streets and increased traffic.

Mr. Dale Halliday, Markham resident, addressed the Committee regarding the proposed mixed use development in the South Unionville community, suggesting the Town of Markham should consider charging for parking in developments such as this one.

Mr. Jianhui Zheng, Markham resident, addressed the Committee with respect to the proposed mixed use development in the South Unionville community, stating his concern regarding the safety of the children walking to the school.

Staff advised that a traffic study was requested and is under review. The green space, landscaping and garbage issues will be dealt with through the future site plan application. Staff also advised that the parking issues will be reviewed and if the Ward Councillor would like to hold a Public Information Meeting prior to the approval of the site plan that can be coordinated.

The Committee suggested that staff ensure that the sidewalk patterns on the residential streets are conducive and consider traffic crossing guards for the safety of the children in the community. The Committee requested that the recommendation report include 2D or 3D drawing of the proposed site.

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

That the Development Services Commission report dated October 16, 2007, entitled “PRELIMINARY REPORT; Jolie Home Inc.; Applications for Official Plan and Zoning By-law Amendments to permit a mixed-use development; East side of Kennedy Road between Castan Avenue and South Unionville Avenue; South Unionville Community,” be received; and,

That the Record of the Public Meeting held on April 8, 2008, with respect to the proposed amendments to the Town’s Official Plan and zoning by-laws be received; and further,

That the applications made by Jolie Home Inc. to amend the Town’s Official Plan and zoning by-laws be referred back to staff for a report and recommendation.

CARRIED

ADJOURNMENT

The Development Services Public Meeting adjourned at the hour of 9:20 PM