Report to: Development Services Committee Report Date: September 21, 2010

SUBJECT: Preliminary Report

Elio Antonel

Proposed Temporary Zoning By-law Amendment to permit a range of commercial uses such as commercial schools, banks/financial institutions, medical clinics and business/professional offices 4151 Highway 7 East

ZA 10 119996

PREPARED BY: Anna Henriques, for the Central District Team, extension 7922

RECOMMENDATION:

1) That the staff report entitled “PRELIMINARY REPORT, Elio Antonel, Proposed Temporary Zoning By-law Amendment to permit a range of commercial uses such as commercial schools, banks/financial institutions, medical clinics and business/professional offices at 4151 Highway 7 East”, be received;

2) That a Public Meeting be held to consider the Zoning By-law amendment application (ZA 10 119996) submitted by Elio Antonel;

3) And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to provide preliminary information on the application and to seek authorization to hold a statutory Public Meeting. This report contains general information in regards to applicable OP or other policies as well as other issues and the report should not be taken as Staff’s opinion or recommendation on the application.

BACKGROUND:

Subject Property and Area Context

The subject property is located in Markham Centre, on the south side of Highway 7, west of Sciberras Road and east of Village Parkway. The property has an approximate area of 1.9 hectares (4.7acres) and contains a 2 ½ storey single family dwelling and a detached 1 ½ storey accessory building. The property contains several mature trees and vegetation and backs onto the Rouge River valleylands.

Official Plan and Zoning

The property is designated Community Amenity Area-General and Hazard Lands in the Markham Centre Secondary Plan. This designation contemplates the proposed commercial uses. The property is zoned RR1 (Rural Residential), O1 (Open Space) and A1 (Agricultural) in By-law 304-87, as amended. A zoning by-law amendment is required to permit the proposed commercial uses, on a temporary basis, at the subject property.

OPTIONS/ DISCUSSION:

The applicant is applying for a temporary zoning by-law amendment (maximum 3 years) to permit a range of commercial uses such as commercial schools, banks/financial institutions, medical clinics and business/professional offices within the existing building on the subject property. No additions, new buildings or exterior building alterations are proposed in order to accommodate the proposed commercial uses. However, the applicant is proposing an increase in hard surface in order to accommodate approximately 16 parking spaces, required for the proposed commercial uses. The proposed parking spaces are generally located in the east side yard, in between the dwelling and the accessory building and in the rear yard (Figure 4).

Proposal for Temporary Zoning By-law

Section 39 (1) & (2) of the Planning Act authorizes Council to temporarily permit uses in a defined area and for a specified period of time, not to exceed three years from the day of passing of the by-law. Given the subject property’s location, along the Highway 7 corridor within Markham Centre, the applicant is seeking temporary use permissions, involving limited capital investment, to increase the usability of the subject lands prior to land assembly with adjacent land owners for future development.

Preliminary Issues and Concerns

Town staff have identified some potential issues and concerns with the proposed zoning by-law amendment that will need to be addressed as part of the application review process and prior to approval:

The applicant is proposing a broad range of commercial uses that will likely need to be refined and narrowed down based on the appropriateness of the proposed uses for the subject property (ex. banks & financial institutions may not be appropriate based on one-way access into the site. A site plan application may be required to address issues relating to one-way access into the site, such as on-site circulation and tree preservation);
The subject property fronts onto a regional road, Highway 7, and therefore, the application has been circulated to the Region for comment;
The subject property backs onto the Rouge River and associated valleylands. The application has been circulated to the TRCA and they are generally supportive of the proposed temporary zoning by-law amendment provided that development does not occur within the floodplain and a permit is obtained.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

HUMAN RESOURCES CONSIDERATIONS

ALIGNMENT WITH STRATEGIC PRIORITIES:

Growth Management and Municipal Services:

The proposal is consistent with policies supporting the efficient use of land and infrastructure through the reuse and redevelopment of sites within the urban boundary

BUSINESS UNITS CONSULTED AND AFFECTED:

This application has been circulated to various departments within the Town and applicable agencies for comment, which will be addressed in detail in the final recommendation report.

RECOMMENDED

BY:

______________________________ ________________________

Biju Karumanchery, M.C.I.P., R.P.P Jim Baird, M.C.I.P., R.P.P

Senior Development Manager Commissioner of Development Services

ATTACHMENTS:

Figure 1 – Property Location

Figure 2 – Air Photo

Figure 3 – Area Context/Zoning

Figure 4 – Proposed Site Plan

5145 Steeles Avenue, Suite D-805

Tel: 416-661-6100

Fax:416-661-6055

File path: Amanda\File 10 119996\Documents\Recommendation Report