REPORT TO 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:	George Duncan, Senior Heritage Planner ext. 2296, ‑Heritage Development Team
DATE OF MEETING:	November 22, 2005
SUBJECT:	PRELIMINARY REPORT Zoning Amendment ‑ Zoning Use Category 594607 Ontario Limited Michael Delli-Benedetti 32 Washington St, Markham Village HCD ZA-05-017696

RECOMMENDATION:

That a Public Meeting be held to consider the application submitted by 594607 Ontario Limited (Michael Delli‑Beneditti) for a Zoning By‑law Amendment to permit the use of the subject lands for semi‑detached residential development.

PURPOSE:

The purpose of this report is to provide preliminary information regarding an application for a Zoning By‑Law Amendment, and to recommend that Committee authorize the scheduling of a public meeting.

BACKGROUND:

Property and Area Context

The subject property (Part 2, Plan 65R ‑27604) is a severed lot pursuant to Committee of Adjustment application B/60/03. As a street address has not yet been assigned, the application is under the address of the original parcel, 32 Washington Street. This vacant lot is located on the west side of Washington Street in the Markham Village Heritage Conservation District. The frontage on Washington Street is 15.85m (52ft), the depth is 40.23m (132ft) and the lot area is 650.9m² (7006.4ft²). There are some trees and shrubs on the property, but no significant trees on the Washington Street frontage would be impacted by the proposal.

Adjacent properties are single family homes in residential use. To the south at 32 Washington Street is a one and a half storey, frame heritage house, and to the north at 36 Washington Street is a two storey frame heritage house. Directly across the road are single family homes that are not considered to be heritage buildings. The subject property backs onto the Main Street commercial core of old Markham Village.

Official Plan Policies

The parcel is designated as Commercial -Heritage Main Street in the Markham Official Plan. Lands in this designation may be zoned to permit residential uses subject to ensuring that the planned function of the lands is maintained, that the location is appropriate and that the applicable provisions of the housing policies are met. The majority of properties located on Washington Street in this area are in residential use and the residential use of this site would be consistent with the existing pattern of development. OP policies also indicate that development shall be consistent with the objectives and policies as set out in relevant secondary plans and the heritage conservation district plan.

The Main Street Markham Area Secondary Plan (Official Plan Amendment 108) provides for a diverse mixture of commercial uses in this designation as well as recreational, entertainment and cultural facilities, public buildings, open space and residential use. The Secondary Plan does specify that new residential uses shall only be permitted if the dwelling units are located on the upper floors of buildings in which the ground floor is in a non‑residential use. However, staff has interpreted that the intent of this policy is to have upper floor residential units on the Main Street commercial strip rather than on the Washington Street frontages, where the character is generally small‑scale residential. On this basis, staff has determined that an amendment to the Secondary Plan is not required to allow the proposed zoning by‑law amendment.

Existing zoning

By‑law 1229, as amended, zones the subject lands Central Commercial (C2). As stated above, the properties fronting on this section of Washington Street are generally in small-scaled residential use, with the buildings and uses pre‑dating the current zoning. Under the C2 Zone, the only residential uses permitted include apartment buildings and apartments on the upper floors of commercial buildings. In order to develop the subject lands for semi-detached residential dwellings, a zoning by‑law amendment is required.

PROSOSAL

The applicant proposes to develop the lands with a semi‑detached dwelling with a detached rear yard garage shared by both units. The garage will be accessed via a mutual driveway between the two units. The houses will be linked below grade to qualify as a semi-detached dwelling. The proposed form of development came about through extensive discussion with staff and through consultation with Heritage Markham. The original proposal was for a conventional semi‑detached house form with front‑loaded garages

The following compares the by-law requirments for a semi-detached and the frontage and lot area of the subject lot:

By-law Requirements	By-law 1229	Existing Lot
Minimum Lot Frontage	22.86m2	15.85m2
(Semi-detached)	(75ft2)	(52ft2)
Minimum Lot Area	761.75m2	650.9m2
(Semi-detached)	(8200ft2)	(7006ft2)

Through an analysis of the neighbourhood, staff have noted that there are a number of existing semi‑detached dwellings that have smaller frontages than the by‑law standard.

Site Plan Control Area

The lot is located in a Site Plan Control Area and the development will require Site Plan Approval and a Site Plan Agreement. The proposed design of the buildings reflects the late Victorian style and materials found in the Markham Village Heritage Conservation District, resulting in compatible infill consistent with the policies and guidelines of the Markham Village Heritage Conservation District Plan.

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

Approval of this zoning by‑law amendment would result in compact development and residential intensification close to major public transportation nodes. The development would also increase the residential population to help support the commercial core of old Markham Village. Additionally, the construction of new buildings consistent with the policies and design guidelines of the Markham Village Heritage Conservation District Plan will visually enhance the heritage character of the neighbourhood.

CONCERNS/ISSUES TO BE RESOLVED:

The following is a brief summary of the concerns and issues raised to date. The application has been circulated and detailed comments have been received and incorporated into this report.

Heritage

The applicant has worked with Heritage Section staff and Heritage Markham to achieve a built form and architectural concept considered compatible with the Markham Village Heritage Conservation District. Specific architectural details and site plan considerations will be dealt with under a future Site Plan Control application. The height of the new dwellings in comparison to the heights of the existing heritage buildings in the vicinity is an issue to be addressed in the site specific zoning standards for the lands, in order to ensure compatibility with the area character.

Committee of Adjustment

Following construction of the two units, an application for consent to create two parcels and to allow conveyance of the two dwellings to the respective purchasers will be required. Alternatively, a Part Lot Control Exemption By-law under Section 50 (7) of the Planning Act could be used to divide the property into two units.

Planning and Urban Design

Should the application be approved, cash‑in‑lieu of parkland will be required for the additional residence. The site specific zoning by‑law for the proposed development will need to contain customized development standards including minimum lot frontage, minimum lot area, maximum building height, minimum external side yard and minimum width of the mutual driveway. Development standards will also be required for the detached garage in the rear yard.

EGINEERING

Municipal services (sanitary, storm and water) are available on Washington Street. The applicant will be required to provide service connections to service the two units. The applicant will be required to ensure the existing services have sufficient capacity.

FINANCIAL CONSIDERATIONS:

There are no financial implications to be considered in this report.

ENVIRONMENTAL CONSIDERATIONS:

There are no environmental impacts to be considered in this report.

ENGAGE 21^st CONSIDERATIONS:

This application aligns with the Corporate Goal of maintaining a Quality Community by creating an opportunity to appropriately develop a new infill lot within the Markham Village Heritage Conservation District.

BUSINESS UNITS CONSULTED AND AFFECTED:

This proposal has been circulated to other Town Departments and agencies for review and comment.

ATTACHMENTS:

Figure 1: ‑ Applicant/Agent & Location Map

Figure 2: ‑ Area Context and Zoning

Figure 3: ‑ Secondary Plan

Figure 4: ‑Aerial Photograph

Figure 5: ‑ Conceptual Site Plan

Figure 6: ‑ Conceptual Elevations.

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

FIGURE 1:

OWNER:

Applicant Contact Information:

594607 Ontario Limited

Michael Delli‑Benedetti

145 Royal Crest Crt Markham ON L3R 9Z4

Telephone number: 905 415‑1880 ext. 224

Facsimile Number: 905 415‑1853

AGENT:

Allan Windrem

Chadwin and Company Limited

10 Vanessa Road

Unionville, ON L3R 4W2

Telephone number: 416 520‑0394

Facsimile number: 905 477‑1694

LOCATION MAP: