Report to: Development Services Committee Report Date:
SUBJECT: Recommendation Report
Application by Chak Cheng for a Zoning By-law Amendment to rezone 7165 Bayview Avenue to satisfy the conditions of land division to facilitate the future development of the property into two lots for the construction of two single detached dwellings
ZA 07 110055
PREPARED BY:
RECOMMENDATION:
That the report
dated September 8, 2009, entitled “Recommendation Report - Application by Chak
Cheng for a Zoning By-law Amendment to rezone 7165 Bayview Avenue to satisfy
the conditions of land division to facilitate the future development of the
property into two lots for the construction of two single detached dwellings”
be received;
THAT Zoning By-law Amendment application (ZA
07 110055) to amend By-law 1767,
as amended, submitted by Chak Cheng to permit the development of the two
lots for the construction of two single detached dwellings, be approved and the draft Zoning By-law
Amendment attached as Appendix ‘A’, be finalized and enacted;
AND THAT Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
PURPOSE:
The purpose of this report is to
recommend approval of the application to re-zone the subject lands from Greenbelt Residential (GR) to Residential
Third Density (R3) and Open Space (O1), to permit the development of two
lots for the construction of two single detached dwellings at 7165 Bayview Avenue and preservation of the
valleylands and environmental buffer for low intensity uses.
BACKGROUND:
Property and Area Context
The subject property has an area of 0.59 hectares (1.46 acres) located on
the east side of
Proposal
The owner
is proposing to demolish an existing dwelling and to replace it with two single
detached dwellings. The owner has
been given conditional approval for the creation of the additional lot by land division
through Committee of Adjustment application B16/08 which was approved on
Official Plan and Zoning By-law
The Official Plan designates the lands Urban Residential and Hazard Lands
(
OPTIONS/DISCUSSION:
Public meeting held on September 4, 2007
A public meeting was held on
- the extent of the buffer area;
- the provision for existing tree preservation;
- the potential for an increase in erosion of the
- the
possibility of removing the patio from the proposed buffer area.
Outlined in the remainder of this report are responses to address the
public’s and Committee’s comments.
Owner has agreed to the conveyance of the
Section 3.10.1 j) of the Official
Plan requires that
With
the submission of this development application, the municipality has been given
the opportunity to obtain a substantial portion of environmentally sensitive
lands totalling nearly 65% of the original land area of the subject
property. The Owner has committed to
the conveyance of the
o
Both the portion of the buffer to be conveyed to
the Town and the portion to remain in private ownership will be zoned under the
Open Space (O1) category. This zoning
category permits only public or private
parks and public conservation projects and prohibits the construction of
buildings;
o
Given the character of the area and existing
pattern of development, a generous front yard setback of 14 metres is
required. Taking a full 10 metre buffer area
in public ownership would extend this area to the rear wall of the proposed
dwelling units. Therefore, the
privately-owned portion of the buffer (7 metres) will serve a dual role, as a
transition to the valleylands to the east, and as the rear yard of the proposed
dwellings. While a portion of the buffer
will be in private ownership, the O1 zoning will prohibit the erection of
buildings or additions in this area, and will ensure low intensity uses in this
buffer area, which will support the intended function of this area as an
environmental buffer. (Note that all lands below the top of bank, plus 3 metres
of the adjacent table land will be conveyed into public ownership);
o
There is a long history of established urban development
in this area, which predates the establishment of Official Plan policies
relating to the conveyance of environmental buffers. As a result, the Town has generally allowed
environmental buffers in Thornhill to remain in private ownership, when an
environmental buffer associated with a proposed development would be isolated
and would not connect to any adjacent buffer areas, provided that the privately
owned portion is zoned within an open space category. This approach was used with the
o
The Toronto Region Conservation Authority is
satisfied with the proposal to convey into public ownership a 3 metre portion
of the buffer adjacent to the top of bank and to retain the remaining 7 metre
width of the buffer in private ownership, provided that the full extent of the
buffer area is placed in an Open Space zone.
o
The applicant has requested that the construction
of a small deck or patio within the privately-owned portion of the buffer (within
the O1 zone) be permitted. Staff, in consultation with the TRCA, is of the
opinion that allowing a small deck or patio, projecting no more than 3 metres
from the rear wall of the main buildings, will not adversely impact the
valleylands coming into public ownership, and is appropriate given the dual
role of the privately-owned portion as both buffer and rear yard amenity space.
The attached zoning by-law provides for a
deck or patio in the O1 zone, provided it projects no more than 3 meters from
the rear main wall of the dwelling.
Ownership pattern
A study of the ownership pattern
of the adjacent lands has revealed that none of the surrounding valleyland
parcels are under public ownership. The
Owner has committed to providing a 3.0 metre wide access easement to the top of
bank in favour of the Town. This
easement will ensure emergency personnel have unimpeded access to the Hazard
Lands.
Tree Conservation Plan submitted
The applicant has submitted a tree conservation plan, indicating the loss
of approximately five trees to accommodate the proposed dwellings. This plan has been reviewed by Town staff and
is acceptable.
Pre and Post development storm
water runoff analysis required as a condition of land division
As a
condition of land division, the
owner is required to provide a letter of undertaking which indicates that a Pre
and Post development storm water runoff analysis in relation to the findings of
the Town’s Erosion Implementation Plan shall be conducted to the satisfaction
of the Town and the TRCA.
All severance conditions must
be satisfied by
Severance conditions must be satisfied by
o
Payment
of all outstanding taxes and charges, if applicable;
o
Submission
of required land transfer conveying the subject lands and certificates;
o
Submission
of deposited reference plans;
o
Dedication
of 3 metre buffer and hazard lands to the Town;
o
Dedication
of 3 metre easement to the Town along the south property line to provide access
from
o
Dedication
of required road widening on
o
Provision
of letter of undertaking to the Town confirming that a pre and post development
water runoff analysis will be undertaking to the satisfaction of the Town and
TRCA;
FINANCIAL
CONSIDERATIONS:
No financial considerations in this
report
ENVIRONMENTAL
CONSIDERATIONS:
The Zoning By-law Amendment application has
been circulated to the TRCA and their requirements are reflected in this
report.
ALIGNMENT WITH STRATEGIC PRIORITIES:
The proposed development aligns itself with the strategic priority of Growth Management, i.e. Environment. As the rear half of the subject lands designated Hazard Lands are also identified as “Locally Significant Area Complexes” in the Official Plan, the acquisition of these lands is important to the municipality. The proposal will also provide an access easement to the valleylands for Town maintenance purposes.
BUSINESS
UNITS CONSULTED AND AFFECTED:
The proposed development has been
reviewed by Town Departments and external agencies. Department/agency requirements have been
incorporated in this report.
|
_____________________________ |
|
_____________________________ |
|
Biju Karumanchery,
M.C.I.P., R.P.P. Senior
Development Manager |
|
Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
Figure 1 - Applicant/Agent & Location Map
Figure 2 - Area Context/Zoning
Figure 3 - Air Photo
Figure 4 – Proposed Severance
Appendix ‘A’ - Draft Zoning By-law
Applicant Contact Information: Malone Given
Parsons Ltd.,
Facsimile
Number: 905-513-0170
File path: Amanda\File 07 110055\Documents\Recommendation Report
APPENDIX ‘A’
EXPLANATORY
NOTE
BY‑LAW
NO. 2009-XXX
A
by‑law to amend By‑law 1767, as amended
Chak Cheng
This proposed by‑law amendment applies to a
0.59 hectares (1.46 acres) located on the east side of
The
property is currently zoned Greenbelt Residential (GR) by By-law 1767.
The purpose of the proposed zoning by-law amendment is to rezone the subject property from Greenbelt Residential (GR) by By-law 1767 to Single Family Detached Dwelling Residential Third Density (R3).
The
effect of the proposed zoning by-law amendment will facilitate the division of
land and development of two single detached residential dwelling units on two
separate lots of record.
A by-law to amend
Zoning By-law 1767, as amended
___________________________________________________________
THE COUNCIL OF THE CORPORATION OF
THE TOWN OF
1. Zoning By-law 1767, as amended, be and the same is hereby further amended as follows:
Notwithstanding any other provisions of By-law 1767, as amended, the following provisions in this By-law shall apply to those lands shown on Schedule ‘A’ attached to this by-law. All other provisions of this by-law, unless specifically modified/amended by this by-law continue to apply to the lands subject to this by-law.
1.1 By rezoning the lands from Single Family Dwelling Greenbelt Residential (GR) to:
Single Family Detached Dwelling Residential Third Density (R3)
Open Space (O1)
1.2 Zone Standards
The following specific zone standards apply:
a) Minimum lot area: 0.09 hectares
b) Minimum required front yard: 14 metres
c) Minimum required interior side yard: 3.0 metres on one side and 4.0 metres on the other
d) Minimum required rear yard: 7.0 metres
e) Maximum building height: 8.0 metres
1.3 Special Site Provisions:
The following additional provisions apply:
a) A deck or porch connected to the main building is permitted to encroach into the Open Space (O1) Zone a distance of 3.0 metres;
2. All other provisions of By-law 1767, as amended, not inconsistent with the provisions of this by-law shall continue to apply.
READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS
15TH DAY OF SEPTEMBER, 2009.
________________________________ ______________________________
KIMBERLY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR