RECOMMENDATION:
That a Public
Meeting be held to consider the zoning by-law amendment application submitted
by Behram and Anahita Faroogh to permit a Montessori pre-school at 9718 McCowan Road, located north of Bur Oak Avenue on the west
side of McCowan Road within the Berczy
Village Secondary Plan Area.
PURPOSE:
The purpose of this report
is to provide preliminary information regarding applications submitted by
Behram & Anahita Faroogh for a zoning by-law amendment and site plan
approval to permit a Montessori pre-school at 9718 McCowan Road, and to recommend that a Public
Meeting be held to consider the zoning application.
BACKGROUND:
Subject lands and area context
The 0.31 hectare (0.78 ac) subject
lands support an existing single-storey detached dwelling and are municipally
identified as 9718 McCowan Road, which is situated within the Berczy Village
Secondary Plan Area (refer to
Figure 1). The subject lands contain a
number of mature trees in both the front and rear yards.
Adjoining
the property are:
- Valley lands and a proposed townhouse
project to the north (El-en Realty Limited);
- A single detached residential dwelling
that is currently being used as a Chiropractic office to the south;
- An approved condominium townhouse
project to the west (Markham Trails); and,
- Valley lands and lands that are
designated “Community Amenity” to the east across McCowan Road.
Official Plan and Zoning
The
subject lands are designated “Commercial” in the Official Plan. This designation is further refined by the Berczy Village Secondary Plan to “Community Amenity Area –
Arterial”. The “Community Amenity Area –
Arterial” designation in the Berczy Village Secondary
Plan provides for the proposed private school.
By-law amendment required to permit a
Montessori pre-school
The
lands are zoned “Agricultural” (A1) by By-law 304-87, as amended, which permits
a variety of farming uses. An amendment is
required to permit the proposed Montessori pre-school use (Figure 2).
Applicant proposes a Montessori pre-school
The
requested By-law amendment would rezone the lands to permit the Montessori
pre-school. While the applicants propose
no changes to the exterior of the existing building, interior renovations
(albeit no structural changes) and improvements to grounds for parking and landscaping,
are being proposed. The applicants are
proposing a total of two classrooms that will support twenty-four
students. A companion site plan has been
submitted for the proposal (Figure 4).
POTENTIAL BENEFITS OF APPROVAL OF THE
PROPOSAL:
The
potential benefits of the proposed development are as follows:
- The proposed amendment will provide
residents with additional educational options.
- The proposed amendment will allow for a
use that is currently not permitted on the property and, as such, has the
potential of increasing the functionality of a currently vacant single-storey
detached dwelling.
CONCERNS/ISSUES TO BE RESOLVED:
The following is a brief summary of
concerns/issues raised to date. These matters, and any others identified
through the circulation and detailed review of the proposal, will be addressed
in a final staff report to be presented to Committee at a later date.
Applicable Toronto and Region
Conservation Authority Policies and Regulations
In comments
submitted to Town staff, the Toronto and Region Conservation
Authority (TRCA) advises that a site visit was made on October 19, 2004. During
this visit, TRCA staff confirmed the presence of a stream corridor on the
northeast portion of the site and the requirement for a minimum 10 metre
setback from the Regional Storm Flood Plain.
Given that the proposed development is located outside of the Regional
Storm Flood Plain, a permit from the TRCA pursuant to Ontario Regulation 158 is
not required. In addition, TRCA staff have advised that the proposed development complies
with the minimum 10 metres setback requirement.
TRCA
staff has advised that they are generally satisfied with the proposal and
request that the lands within the Regional Storm Flood Plain, plus the 10 metre
buffer, be rezoned to a Flood or Hazard Land Zoning Category. This would prohibit structural encroachments
within the zoned area. In addition, the TRCA’s Valley and Stream Corridor Management Program,
identifies stream corridors, including a 10 metre buffer, as lands suitable for
public ownership. As such, TRCA staff
request that these lands be dedicated into public ownership in order to
minimize the associated hazards and ensure the long term protection of natural
features. Town staff will work with the
applicants to ensure that the lands that fall within the Regional Storm Flood
Plain, plus the 10 m buffer, are protected to the satisfaction of the Town and
the TRCA.
Urban Design Staff’s Comments
As previously
noted, there are several mature trees on the subject property. Staff from
the Town’s Urban Design Section have requested that
the applicants provide a tree inventory and preservation plan in order to
determine which trees are required to be preserved and protected on the
site.
Comments received from the Town’s Urban Design Staff
also pertain to the exterior façade of the existing single-storey detached
dwelling that is being proposed for conversion. Staff
have advised that façade improvements may be required to the front
building entrance in order to create a stronger visual presence from McCowan Road and to create a
more institutional appearance.
York Region’s Comments
In
comments submitted to Town staff, York Region advises that they do not have any
objections to the proposal, but do highlight issues pertaining to access of the
subject property off of McCowan Road. The Region states that the proposed access,
as identified on the site plan, requires the removal of several mature trees
that are located within the Regional right-of-way. As such, the Region requests that the
applicants make every effort to contact the adjacent property owner to the south
(9704 McCowan Road) in order provide for a shared access for
both properties off of McCowan Road. The applicants have been advised of this
request and will attempt to negotiate with the adjacent landowner to determine
whether this is viable.
The
registered subdivision agreement dated April 7th, 2003 between
Markham Trails (the approved condominium townhouse project to the west) and the
Town Markham contains a draft condition that states that the owner shall
covenant and agree that the future site plan agreement will contain provisions
regarding servicing, integrated access and on-site circulation with the
adjacent property owner to the southeast (9718 McCowan Road). The provision would ultimately allow for
access to the subject property off of a condominium street that is part of the
approved townhouse project situated to the west of the subject property; thereby, providing an alternative point of
access. Although this condition was
incorporated into the adjacent subdivision agreement and site plan to keep
access options open, Town staff are of the opinion
that access from the subject property to a public right-of-way is preferred
over access onto a private condominium road, subject to Region of York
approval.
Having
identified these issues, Town staff will continue working with the applicants and
the Region to ensure that the final approved site plan will provide for the
most viable access option, which will mitigate the impacts on the mature trees
that are located on the subject property while also ensuring optimal access and
circulation to and within the subject property.
FINANCIAL CONSIDERATIONS:
None at this time.
BUSINESS UNITS CONSULTED AND AFFECTED:
All Town
departments and external agencies have been circulated with these applications
and all comments will be considered in a final 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
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DOCUMENT: Q:\Development\Planning\APPL\ZONING\ZA 05
015902\Preliminary report.doc
ATTACHMENTS: Figure 1 –
Applicant/Agent and Location Map
Figure
2 – Area Context and Zoning
Figure
3 – Air Photo
Figure
4 – Site Plan
Figure
5 – Elevations
APPLICANT/AGENT: Joanne
Barnett, M.C.I.P., R.P.P.
6 Dunkirk Road
Toronto, ON
M4C
2L9
Phone
# (416) 990-8367
Fax
# (416) 423-1980
