Report to: Development Services Committee Report Date: November 2, 2010
SUBJECT: PRELIMINARY REPORT
Proctor
Investments Ltd.
Application
for Official Plan and Zoning By-law Amendments
34
Proctor Ave. Thornhill
OP 10-121403
ZA 10-121404
PREPARED BY: Geoff Day – Planner, West Development Team
RECOMMENDATION:
That a Public Meeting be held to consider the applications submitted by Proctor Investments for Official Plan and Zoning By-law Amendments located at 34 Proctor Avenue, within the Thornhill Secondary Plan area.
Not Applicable
PURPOSE:
The purpose of this report is to provide preliminary information regarding applications for Official Plan and Zoning By-law Amendments. The proposal is to redesignate the subject lands in the Thornhill Secondary Plan from “Medium Density Housing” to “Low Density Housing”, and; to amend the current zoning of “First Density Multiple Family Residential” [(H) RM1] in By-law 2237, as amended to accomodate 3 single detached dwellings. It is recommended that a statutory Public Meeting be held to consider these applications.
This report
contains general information in regards to applicable Official Plan and other
policies, as well as other issues, and the report should not be taken as
Staff’s opinion or recommendation on the applications.
BACKGROUND:
Property and Area Context
The
0.375 ha (0.93 acre) vacant lands are located at the northwest corner of Henderson Avenue and
Proctor Avenue within the Thornhill Community (figure 1).
Adjoining the subject lands are:
- Canadian National Railway (CNR) to the
north; and, to the north of the railway a residential subdivision
consisting primarily of semi-detached dwellings;
- Proctor Park to the south; and, to the
south of Proctor Park a cul-de-sac containing single detached dwellings;
- Single detached dwellings to the east;
- Henderson Avenue to the west; and, to the
west of Henderson Avenue a condominium townhouse development; and,
- A townhouse development to the southwest;
The area
is comprised of three parcels, two lots with 60 foot (18.3m) frontage and one
0.22 ha (0.54 ac), triangular parcel with the remaining frontage.
Proposal is for 3 single detached dwellings
As noted
above, the applicant is proposing to amend the Official Plan and Zoning By-law
to permit 3 single detached dwellings with floor areas ranging from 273 m2
(2,940 ft2) to 374 m2 (4,025ft2) (figures 6
& 7).
1994 CNR Agreement
registered on title
The subject lands, previously owned by CNR were
sold to a private entity in 1994. In
conjunction with the sale of the lands, an agreement between CNR and the then
purchasers of the lands was registered on title. The agreement sets out specific requirements
and restrictions pertaining to setbacks, drainage, and required works if the
lands were ever to be developed.
Highlights of this agreement include:
- Prohibiting habitable buildings
from being constructed closer than 20 metres from the CNR lands;
- Prohibiting alteration of
existing drainage onto CNR lands;
- Construction of a 1.83 metre
high fence along the common property line of the Owner’s lands and CNR
lands;
- Residential dwellings shall
contain at the minimum, brick veneer, upgraded windows, central air
conditioning and a minimum 600 square foot outdoor living area protected
by noise;
- Vibration mitigation measures;
- A clause requiring a 2.5 metre
high berm running parallel to the CNR lands for any development in excess
of 3 units.
Official Plan and Zoning
The
lands are currently designated “Urban Residential” in the Official Plan and “Medium
Density Housing” in the Thornhill Secondary Plan. The current zoning of the lands is “Hold - First Density Multiple Family Residential”
[(H) RM1] (figure 2).
Single detached dwellings are not provided for in the Medium Density
Housing designation in the Secondary Plan or the First Density Multiple Family Residential in the Zoning By-law. The applicant is proposing to amend the Secondary
Plan to designate the subject lands “Low Density Housing” to provide for the
proposed single detached uses; and, to rezone the lands to permit single
detached dwellings.
Previous Ontario Municipal Board Decision (OMB)
In 2004 applications were submitted for the subject lands to amend the Secondary Plan and Zoning By-law to permit the development of nine townhouse dwellings (figure 4). The applications were adopted/enacted by Council in October 2006. The amendments were appealed to the OMB by area residents. In 2007, the OMB approved the Secondary Plan and Zoning By-law Amendments for the subject lands to permit the proposed townhouse development. The approval was subject to conditions set out by, among other agencies, CNR. Late in 2009, Staff met with the applicant and was advised that the cumulative infrastructure costs of developing the 9 townhouse unit development was not economically viable. The current proposal has been circulated to CNR. CNR has provided their comments/conditions attached as figure 5.
Regional exemption has been granted
In a
letter dated August 31, 2010, the Region of York exempted the proposed Official
Plan Amendment from Regional approval as the amendment was deemed to be of
local significance.
Allocation is available
Allocation
for 9 townhouses units (25.4 pop.) had been previously granted through the June
20, 2006 report on Servicing Allocation.
This exceeds the requirement for the current proposal of 3 single
detached units (11.1 pop). Therefore, in
the event these applications are approved, sufficient allocation would be
available subject to Council re-directing the existing allocation to the
proposed development.
POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:
·
Proposal
allows for the development of an undeveloped vacant plot of land in a form that
is compatible with surrounding low density residences.
CONCERNS/ISSUES TO BE RESOLVED:
The following is a brief
summary of concerns/issues raised to date. These matters, and any others
identified through the circulation and detailed review of the proposal, will be
addressed if necessary, in a final staff report to Committee.
· A Preliminary Noise Report has been
submitted by J.E. Coulter Associates Limited.
The Report states that the noise levels of passing trains produces
decibel levels in the proposed rear yards of +/-74dBL; well above the Ministry
of the Environment’s (MOE) guidelines of 60dBL.
Therefore, the active amenity area is proposed in the front yards of the
dwellings. Further review will be
required with Urban Design in order to ensure these areas can function as
private amenity spaces or courtyards.
· The proposed built form will need to
be in keeping with the Town’s architectural control and design standards;
· A greater understanding of the
visual impacts associated with the installation of noise reduction measures in
the front yard is required; and,
· Submission for review of the type
and materials used in the proposed front yard amenity areas (figure 7).
FINANCIAL CONSIDERATIONS AND TEMPLATE:
There are no financial matters to be
considered in this report.
ALIGNMENT WITH STRATEGIC PRIORITIES:
The proposed development would utilize a neglected parcel of land on an infill lot. As existing services are already in place, the proposal would not require additional services and therefore is an efficient use of the Town’s existing infrastructure.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
applications have been circulated to various Town departments and external
agencies and are currently under review.
Requirements of the Town and external agencies will be reflected in the
preparation of the Official Plan and Zoning By-law amendments.
RECOMMENDED BY:
____________________________ _______________________________
Biju Karumanchery, M.C.I.P., R.P.P. Jim Baird, M.C.I.P., R.P.P.
Senior Development Manager Commissioner, Development Services
ATTACHMENTS:
Figure 1: Location Map
Figure 2: Area Context and Zoning By-law
Figure 3: Air Photo
Figure 4: 2004 Concept Plans (Townhouses)
Figure 5: CNR Letter
Figure 6: 2010 Conceptual Site Plan
Figure 7: 2010 Proposed Front Yard Amenity Areas
APPLICANT / AGENT: Evans
Attention:
File path: Amanda\File 10
121404\Documents\Preliminary Report