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TO: |
Mayor and Members of Council |
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FROM: |
Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning &
Urban Design |
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PREPARED BY: |
Nilesh Surti, Planner, ext. 4190 |
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DATE OF MEETING: |
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SUBJECT: |
RECOMMENDATION REPORT Applications for Official Plan and Zoning By-law
Amendment and Site Plan Approval to permit the conversion of a single
detached residential dwelling to a Private School at File No. OP 05 016647, ZA 05 016645 & SC 05
016642 |
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RECOMMENDATION:
THAT the Official Plan
Amendment application (OP 05 016647) submitted by Highglen Christian Montessori
School to permit the conversion of a single detached residential dwelling to a
Private School at 5002 14th Avenue, on the north side of 14th
Avenue between Redkey Drive and Tillie Square, be approved and the draft Official
Plan Amendment attached as Appendix ‘A’ be finalized and adopted;
THAT the Zoning By-law
Amendment application (ZA 05 016645) to amend By-law 90-81, as amended,
submitted by Highglen Christian Montessori School to permit the conversion of a
single detached residential dwelling to a Private School at 5002 14th
Avenue, on the north side of 14th Avenue between Redkey Drive and
Tillie Square, be approved and the draft Zoning By-law Amendment attached as
Appendix ‘B’, be finalized and enacted;
THAT
the Site Plan application (SC 05 016642) submitted by Highglen Christian Montessori
School to permit the conversion of a single detached residential dwelling to a
Private School at 5002 14th Avenue, on the north side of 14th
Avenue between Redkey Drive and Tillie Square, be endorsed in principle, subject to the following conditions:
1. That site plan approval be
delegated to the Director of
2. That the Owner will enter into a site plan agreement
with the Town of Markham containing all standard provisions and requirements of
the Town and public agencies, including:
a) Provision
for payment by the Owner of all applicable fees, recoveries and development
charges, and
b) Provisions for satisfying all requirements of the Town’s
Departments and external agencies, including the Regional Municipality of York
Transportation and Works Department;
3. That the Owner shall submit
final site plan and elevation drawings to the satisfaction of the Director of
Planning and Urban Design;
4. That a Landscape Plan, prepared by a
Landscape Architect having O.A.L.A. membership, and a tree inventory and
preservation plan be submitted to the satisfaction of the Director of Planning
and Urban Design;
5. That the Owner shall install chain link fence
abutting residential properties, if required by the Town, to the satisfaction
of the Town;
6. That prior to final site plan approval the
Owner shall meet with the Fire Department to finalize the location of the Fire
Department connection, private hydrant, fire access route signage and rapid
entry key box, to the satisfaction of the Fire Chief;
AND THAT this
endorsement shall lapse and site plan approval will not be issued, after a
period of three years commencing
EXECUTIVE SUMMARY:
Official Plan Amendment, rezoning and site plan approval applications
have been submitted by
The site has mature trees sited in the front yard and at the rear of
the property, as well as hedgerows along the majority of the property lines. The loss of trees at the site will be kept to
a minimum and additional planting will be required, particularly to increase
the screening effect of the hedgerows.
Wood privacy fences are not considered desirable as they could have a
significant negative impact on the hedgerows while chain link fences, in
consultation with abutting residents, remain a possibility to address security
concerns of area residents.
A public meeting
and two public information meetings have been held to obtain comments from
residents in the surrounding area. The
residents have raised a number of concerns including garbage, off-site parking,
loss of trees, traffic impact, privacy, noise, compatibility and security all
of which have been addressed to staff’s satisfaction. A traffic impact study was carried out to the
satisfaction of the Region of York.
The subject site
can accommodate the proposed school. The
proposed development will have minimal impact on the existing homes in the area
and is considered a compatible use. Staff
is recommending that the draft Official Plan Amendment attached as Appendix ‘A’
be finalized and adopted; that the draft Zoning By-law Amendment attached as
Appendix ‘B’, be finalized and enacted; and that the Site Plan application (SC 05 016642), be endorsed in
principle subject to the conditions noted in this report.
PURPOSE:
BACKGROUND:
Property and Area Context
The 0.37 ha (0.9 acre) site is located on the north side of
A Montessori school is proposed
The applicant has submitted applications for Official Plan and Zoning
By-law amendments and Site Plan Approval to permit the conversion of the
existing two-storey dwelling to a Montessori school. Based on Provincial guidelines of 1 student
per 30 ft2 of classroom area, the proposed private school could
accommodate a maximum enrolment of 77 students.
The students will be of pre-school and kindergarten age. The possibility exists that as these children
age/progress one or more of the classrooms will be assigned to higher grades or
that new classrooms may be created, subject to compliance with provincial
guidelines.
The applicant has indicated that the hours of operation will be from
The proposal includes a 213 m2 (2,293 ft2) fenced
exterior play area and a pick-up and drop-off area and a total of 26 parking
spaces. No significant
changes are being made to the building elevation.
Vehicular access for the proposed development is by way of two one way
driveways, with the inbound movement at the east side of the property and the
outbound movement at the west side of the property. The one way internal driveway circulation as
proposed will facilitate efficient drop-off and pick-up of children.
DISCUSSION:
Official Plan and Zoning By-law Amendments are required
The Official Plan designates the subject property “Urban
Residential”. The predominant uses
intended in this designation are housing and related uses. The Armadale Secondary Plan (PD 24-1)
designates the subject lands “Urban Residential (Low Density)”. A draft Official Plan Amendment to
permit the proposed private school and associated uses is attached as Appendix
‘A’.
The subject lands are currently zoned Residential Six (R6), by By-law
90-81, as amended, which only permits a single detached dwelling. A draft
amendment to Zoning By-law 90-81, as amended, to permit the proposed private
school, on a site specific basis, is attached as Appendix ‘B’.
Public Meeting and Community Information Meeting have been held
The applicant and
the ward Councillor held one of two Community Information Meetings on
Garbage room to be
located internally
Initially the
garbage generated at the site was proposed to be stored in the existing shed at
the rear of the building. Some concerns
were expressed by area residents with respect to odour, potential off-site
contamination of leaking garbage, and the potential attraction of rodents and
other pests. To address these issues,
and the requirements of the Town’s Waste Management Division, the applicant is
now proposing an internal garbage room with the garbage to be collected by a
private contractor on a weekly basis.
Off-site parking
is not considered to be of concern
Some concerns were
expressed by area residents with respect to the adequacy of the initially
proposed 16 parking spaces to sufficiently accommodate staff parking, and
drop-off and pick-up activities by parents.
The residents feared that overflow parking would result in off-site
parking on nearby local streets.
The Parking By-law
requires that parking for Private Schools be provided at a rate of 4 parking
spaces per classroom. The proposed
private school will have 4 classrooms, which requires a total of 16 parking
spaces. To address the concerns of the
area residents, the applicant has revised the site plan to show an additional
10 spaces for a total of 26 parking spaces.
The applicant intends to reserve 10 spaces for staff parking, and the
balance will accommodate drop-off and pick-up activities. Proposed parking exceeds by-law requirements
and off-site parking is not expected to occur.
A traffic impact
study was undertaken
Concerns were
raised with respect to the potential for higher traffic levels along
Based on the low volumes of
traffic generated by the subject site in relation to the traffic on
Residents had raised concerns
that outbound left turns from both Redkey and
Noise pollution is
not considered a matter of serious concern
Area residents
raised certain concerns with respect to increased vehicular noise and noise in
general as a result of this proposal. The applicant has indicated that the
All efforts are
being made to preserve existing trees at this site
Another concern
raised at the meetings involved the loss of trees at the site. As noted previously the site is well
vegetated. The applicant proposes to
remove a cluster of birch trees located in the front yard to accommodate
parking. Staff originally intended to
adjust the parking lot location in order to preserve the birch trees. However, the addition of 10 parking spaces to
the site has made the preservation of these trees very difficult. Birch trees are generally short-lived and are
less worthy of preservation in an urban context. Staff will work with the applicant to ensure
that tree removal is kept to a minimum around the perimeter of the site and
staff will also ensure that the landscape plan for the site will more than
compensate for the loss of the birch trees.
Impact on privacy
of abutting residents can be addressed
Abutting residents
have raised a concern regarding the potential impact on their privacy. The applicant has expressed his willingness
to undertake all reasonable measures to maintain and enhance the privacy of
abutting residents.
As noted
previously, there is significant evergreen vegetation along the west, north and
east property lines. Along the west
property line it may be possible to construct a wooden privacy fence if abutting
residents agree. However, such a fence
could damage the existing vegetation. It
may be more advisable to introduce evergreen shrub material to supplement the
existing hedgerow in order to provide better screening. As noted previously, along the north and
partially along the east property lines there is a dense cedar hedge. Construction of a solid wood privacy fence
along the hedge could hurt the root system and is likely to seriously damage
the lower portions of the hedge by blocking off sun light. However, staff will work with the applicant in
consultation with abutting owners to fill in any gaps in the hedge with new
cedar material. In addition, for privacy
purposes, staff will require that the applicant extend the cedar hedge along
the east property line, towards
Appropriate
Security System will be installed
Concerns were
raised about security during off business hours. The applicant will be installing an
appropriate security system to deter unauthorized persons from entering on the
property. Further, in consultation with
area residents, staff may, in order to enhance security, require the applicant
to erect a chain link fence along all three property lines abutting residential
properties. The existing vegetation
along the property lines are more likely to tolerate a chain link fence.
Compatibility with
adjacent residential uses
In part, compatibility
of one use with another (in this instance a private school and residential
homes) is a function of minimizing potential negative impacts created by the
proposed new use (the school). The
residents have raised a number of concerns, which have been addressed above. With regard to concerns such as potential
impact on property values and quality of life there is no evidence to indicate
that there would be any significant impacts of this nature resulting from the
proposed development.
Elementary and
Montessori schools are often located adjacent to residential properties. Moreover, the applicant is proposing minimal
changes to the existing house and is retaining most of the existing mature
vegetation located along the perimeter of the site. Additional planting will be required as part
of the site development. Aesthetic or
visual impact on the neighbourhood would be minimal. It is the opinion of the staff that the
proposed use can be compatible with the surrounding residential uses.
Pedestrian safety
is not considered a significant issue
One resident
expressed a concern about pedestrian safety along
Proposed school
will provide a benefit to the community
A concern was
raised that there is no benefit to the neighbourhood being provided by the
proposed school. Private schools such as
the proposed Montessori school are business operations which are established
where there is a demand. It is not
possible to determine at this time whether any of the students at this school
will be generated by the immediate neighbourhoods. However, the proposed school will provide
additional educational options for residents in the surrounding neighbourhoods.
The proposed
school is not expected to set a precedent for similar operations
Another concern in
the neighbourhood is that the proposed development will set a precedent for
similar operations. The subject property
fronts onto
Issues identified in the Preliminary Report are being addressed
A number of issues
identified by staff in the
Proposed Private School use at this location is acceptable
The subject site
of almost one acre can accommodate the proposed school and associated parking
as well as pick-up and drop-off and play areas. Further, as noted in this report, the proposed
development will have minimal impact on the existing homes in the area and is
considered a compatible use. The
proposed private school at this location is considered acceptable.
Proposed Site Plan is acceptable and existing building elevation is
maintained
As noted
previously, vehicular access for the
proposed development is by way of two one way driveways, which facilitate
pick-up and drop-off activities. More
than sufficient parking is being provided on-site to accommodate the proposal. The site plan is designed to minimize the
loss of existing vegetation. The site
plan includes an internal garbage storage area as well as an outdoor fenced
play area that is appropriately located within the front yard.
The notable changes to the building elevations involve the removal of
three garage doors and their replacement with three windows to match existing
windows, and the enclosure of portions of two porch-landing with new doors, all
on the front elevation.
It is recommend that the site plan and building elevations as proposed
be endorsed in principle for approval by the Director of Planning & Urban
Design or her designate once the site plan agreement is executed.
FINANCIAL CONSIDERATIONS:
There are no financial impacts to the Town in this report.
ENVIRONMENTAL CONSIDERATIONS:
The issue with
respect to the proposed tree removal at this site has been addressed in this
report.
ACCESSIBILITY
CONSIDERATIONS:
The
site plan shows one parking space for the physically disabled, in accordance
with the Parking By-law, located close to the main entrance of the building. In addition, a barrier free pedestrian
walkway leading from the main entrance to
BUSINESS UNITS CONSULTED AND AFFECTED:
The application was circulated to all Town departments and external
agencies, and their recommendations/comments have been incorporated into this
report.
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Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design |
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Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
FITH PATH: \\MARKHAM.CA\APPS\AMANDADOCS\BUILDING\GENERATE\6108854080.DOC
ATTACHMENTS: Figure
1 – Location Map
Figure 2 –
Area Context and Zoning
Figure 3 –
Air Photo
Figure 4 –
Site Plan
Appendix ‘A’
– Draft Official Plan Amendment
Appendix ‘B’
– Draft Zoning By-law
AGENT: Attn:
Ben Quan
QX4 Investments Limited
– Consultation Services
Tel: 416-564-0351
Fax: 905-479-4517
Figure 1