DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Nilesh Surti, Planner, ext. 4190

 

 

 

 

DATE OF MEETING:

March 7, 2006

 

 

 

 

SUBJECT:

RECOMMENDATION REPORT

Highglen Christian Montessori School.

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 5002 14th Avenue, North Side of 14th Avenue, between Redkey Drive and Tillie Square.

File No. OP 05 016647, ZA 05 016645 & SC 05 016642

 

 

 

 

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 Planning & Urban Design or her designate, to be issued following execution of a site plan agreement.  Site plan approval is issued only when the Director has signed the site plan as “approved”.

 

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;

 

  1. That the Owner shall confirm that the existing dwelling is connected to municipal services; and

 

  1. That the Owner shall submit to the Engineering Department for approval, site servicing and grading drawings, municipal service connection details, and a storm water management report, prior to the building permit issuance.  Drawings are to be prepared and stamped by a Professional Engineer with a Certificate of Authorization from Professional Engineers of Ontario.

 

AND THAT this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing March 7, 2006, in the event a site plan agreement is not executed within that period.

 

EXECUTIVE SUMMARY:

Official Plan Amendment, rezoning and site plan approval applications have been submitted by Highglen Christian Montessori School.  The 0.37 ha (0.9 acre) site is located on the north side of 14th Avenue between Redkey Drive and Tillie Square.  The property currently supports a 405 m2 (4,356 ft2) two-storey single family brick dwelling that the applicant proposes to convert into a Montessori school which will accommodate a maximum of 77 students.  The hours of operation will be from 7:00 a.m. to 6:00 p.m.   The site will have inbound and outbound driveways with the easterly driveway being inbound. The one way internal driveway circulation as proposed will facilitate efficient drop-off and pick-up of children.

 

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:

The purpose of this report is to recommend approval of the proposed Official Plan Amendment, Zoning By-law Amendment and Site Plan applications 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.

 

BACKGROUND:

Property and Area Context

The 0.37 ha (0.9 acre) site is located on the north side of 14th Avenue between Redkey Drive and Tillie Square.  The property contains a 405 m2 (4,356 ft2) two-storey single family brick dwelling.  The site has mature trees sited in the front yard and at the rear of the property, as well as a thick cedar hedge along the north property line and part of the east lot line.  Further, along almost the entire length of the west property line there is a remnant semi-transparent evergreen hedgerow.  The site has two existing driveway entrances from 14th Avenue.  Surrounding the property to the east, west, north and south, across 14th Avenue, are existing low density residential dwellings. 

 

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 7:00 a.m. to 6:00 p.m. and that teaching hours are from 9:00 a.m. to 3:30 p.m.  There will be no regular evening or weekend activities.  Further, school buses are not used to transport children to and from school.  All arrivals and departures are by car or passenger van.

 

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 Thursday October 13, 2005, to inform surrounding residents of the proposal.  The statutory Public Meeting was held on Tuesday October 18, 2005, to consider the Official Plan Amendment and rezoning applications.  At both meetings a number of residents spoke in opposition to the proposal.  Subsequently following the statutory Public Meeting, the Ward Councillor arranged a second Community Information Meeting on Thursday December 8, 2005, to update the residents in this neighbourhood of the changes made to the proposed site plan to address their concerns expressed in the previous meetings.  The following are the key issues raised by the residents at the Community Information Meetings and the Public Meeting, which have been addressed or will be addressed by the applicant.

 

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 14th Avenue as a result of this proposal, particularly at the intersections of 14th Avenue/Redkey Drive and 14th Avenue/Tillie Square.  At the request of the Region of York the applicant undertook a traffic impact study, prepared by Read Voorhees & Associates Limited, transportation consultants, which reviewed the potential traffic impact of the proposed private school on 14th Avenue. The study was reviewed by Regional staff and they are satisfied that the site traffic can be adequately accommodated on the road system.

 

Based on the low volumes of traffic generated by the subject site in relation to the traffic on 14th Avenue, the traffic study shows that the site-generated trips will have little or no effect on the traffic operations at either the Redkey/14th Avenue or Tilley Square/14th Avenue intersections.  The Study concludes that the proposed private school at this location would have no impact on 14th Avenue traffic operations.  There are no revisions to the site plan required as a result of the traffic impact study. 

 

Residents had raised concerns that outbound left turns from both Redkey and Tillie Square onto 14th Avenue are problematic.  There is no indication that the proposed development will further exacerbate this situation.  Fourteenth Avenue is a busy Regional road and it is not unusual to have several local roads where motorists must wait to make left turns.  Traffic signals are only considered when minimum volume thresholds are satisfied.  The Region has reviewed the Redkey Drive/14th Avenue intersection and has determined that warrants are not satisfied at this time.

 

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 Montessori School system is focussed primarily on an indoor academic curriculum and outdoor playtime would generally be limited to a few hours a day, as required by the Ministry.  Also, the rear yard area will be maintained as is and be restricted to passive activates, such as reading.  Therefore, noise impact from student activities is not expected to be of concern. With regard to vehicular noise, it is expected that given the daytime hours of operation, it is unlikely that the site will generate more vehicular noise than the ambient noise currently generated by traffic on 14th Avenue.

 

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 14th Avenue, by approximately 18 metres.    

 

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 14th Avenue given the inbound and outbound traffic from the subject site.  There is a municipal concrete sidewalk along 14th Avenue in front of the subject site.  Impact on pedestrians at this location is not expected to be any different than at other locations where sidewalks cross driveways.

 

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 14th Avenue, which is a very busy arterial road, and there are similar properties on 14th Avenue for which non residential or higher density residential applications may be submitted in the future.  The staff recommendation to approve the proposed development is based on the merits of this application as detailed in this report.  The approval of this application is not expected to set a precedent.  Any future applications will have to be evaluated on the merits of that application, including potential impact on the existing residential properties in the vicinity. 

  

Issues identified in the Preliminary Report are being addressed

A number of issues identified by staff in the August 30, 2005, Preliminary Report have been addressed in this report.  A survey showing the location of trees has been submitted.  However, a proper tree inventory and preservation plan remains to be submitted.  The applicant has indicated that a consultant has been retained to prepare the required plans.  The submission of these plans will be a requirement of site plan approval. 

 

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 14th Avenue have also been provided. 

 

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.

 

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

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

                        17 Bauer Crescent

                        Markham ON  L3R 4H3

                        Tel: 416-564-0351

                        Fax: 905-479-4517

 

Figure 1