RECOMMENDATION:
THAT
the staff report entitled “Application for Temporary
Use Zoning By-law Amendment to permit a Landscaping and Snow Removal Business
with Associated Warehousing, B & L Mettel Ltd., 206 Langstaff Road East,
Thornhill, ZA 05-014733”, be received;
AND THAT
the application as submitted by B & L Mettel Ltd (ZA 05-014733), be refused.
AND THAT By-law Enforcement take action to
ensure the property is brought into conformity with the existing zoning.
EXECUTIVE
SUMMARY:
The application is for a Temporary Use Zoning By-law Amendment
to permit open storage of trucks for a landscape and snow removal business and
warehousing of annual flowers in a Residential (R1) zone. The owner is seeking temporary use permission
to permit a business on the property. It is recommended that this application be refused for the
following reasons:
- The operation of a landscape business is
not compatible with surrounding residential uses in this part of the
Langstaff Community (adjacent parcels are
zoned Residential (R1)).
Adequate protection is not afforded to existing neighbouring
residences either in terms of screening the visual impacts from the trucks
and equipment or noise impacts from the inevitable activity of vehicles
arriving and leaving the site both in the summer (landscaping operations)
and in the winter (snow removal operations). The use is eroding the residential
character of the area;
- The applicant made no effort to preserve
the mature woodlot on the subject site prior to developing the illegal
use;
- The
development has entailed significant investment and construction on the
property, both of which are not permitted for temporary uses by the Markham
Official Plan and the Thornhill Secondary Plan. The owner is using a number of buildings
on the site for the operation of the business without the requisite Town
approvals. The development on the
property is unlawful, inappropriate and contrary to the criteria for
temporary uses, and involves major physical changes and financial
investments in the property, which could compromise its future
redevelopment for other uses.
- The
unlawful development has contributed to a general proliferation of illegal
outdoor storage uses in the area.
The proposal is not consistent with the Town’s objectives for
improvement and redevelopment of the area, and is contrary to the Official
Plan and Secondary Plan.
BACKGROUND:
Property and Area Context
The site has a lot frontage of 52.68 metres
(170.6 ft). The lot area of 206 Langstaff Road East is 0.99 ha (2.45 acres). The site
is currently being used for open storage of motor vehicles and equipment for
the operation of a landscape business, seasonal warehousing of annual flowers
and a residential
use within the existing dwelling. A
large portion of the rear of the property is forested. The property is located west of Bayview Avenue on the east side of Langstaff Road, within the Thornhill
Community (See figure 1).
Adjoining
the subject lands are:
- To the north, a
residential property,
- To the south, a portion
of undeveloped cemetery lands;
- To the west, residential properties,
some of which also support illegal open storage; and
- To the east, the interchange for the 407 at Bayview
Avenue as well as significant natural
forest cover.
By-law Enforcement Program
The Langstaff Road area is currently under a program by the By-law Enforcement Department
starting with the properties at the east end of Langstaff Road and continuing over the next few months. This first phase of the program has resulted
in orders to comply being laid on 196, 197, 198, 199, 201, 203, 205 and 206 Langstaff Road East. The intent of the program is
to bring the properties into conformity with the zoning by-law. In many cases the residential buildings and their
use remains while the rear yard is used for either storage of vehicles or as
contractor’s yards.
On the west
side of Langstaff
Road two applications
for temporary rezoning have been applied for.
The property at 197
Langstaff Road was the
subject of an application for temporary rezoning for open storage in 2001 and
was refused by Council. A second
application was made for an expanded area which included 197 and 199 Langstaff Road and this was also refused by Council on May 24th, 2005. The most recent update
indicated that the owner is working to bring the property into conformity with
the existing zoning by-law.
Proposal is for Temporary Storage of Landscaping Vehicles
and Warehousing of Annual Flowers
The applicant
is proposing to amend the Zoning By-law to permit the existing open storage of
motor vehicles and supplies for the purpose of carrying out a landscaping
business. The building at the northwesterly portion (front) of the lot was originally
constructed as a house and will continue to be used for residential purposes.
Official Plan
The subject lands are designated “Urban Residential” and “Environmental
Protection Area” in the Official Plan and are further refined by the Thornhill Secondary Plan to “Public Open
Space – Environmentally Significant”. Outdoor storage and industrial or commercial
uses are not permitted in the Urban Residential or Public Open Space designations. However, the Official Plan includes policies
to provide for uses that do not conform to the Official Plan, on a temporary
basis, provided the proposed use meets the conditions identified in the section
7.3 e) of the Official Plan
Zoning
The current zoning is R1 – Residential. This category does not permit open storage. An amendment to the zoning by-law is being
requested to allow the operation of a landscape business with open storage on a
temporary basis.
Staff are undertaking a review of Secondary Plan policies in the Langstaff Area
The Langstaff Land Use Study is underway. The purpose of the study is to review the
appropriateness of the current Retail Warehouse (west of the CNR line) and Medium Density Housing
(East of the CNR line) designations set out in the Thornhill Secondary Plan, in light
of development trends over the past decade, and recent proposals including the
proposed YRTP transitway improvements. This study may recommend changes to the
existing Langstaff designations and/or policies as set out in the Thornhill
Secondary Plan and the Official Plan (Revised 1987). Applications that do not conform to current
Official Plan or Secondary Plan Policies are considered premature until this
study has been completed and recommendations adopted by council.
DISCUSSION:
Official Plan
As set out in
both the Town of Markham Official
Plan and the Thornhill
Secondary Plan, a temporary use by-law may be enacted to allow a use that is
not provided for by the Official Plan, provided that it meets the conditions
identified in Section 7.3 e) of the Official Plan and Section 14.3(c) of the
Thornhill Secondary Plan. As discussed
below, the truck and equipment storage use contravenes key criteria established
in both of these documents.
Town of Markham Official Plan
Section 7.3 (e)
of the Town of Markham Official
Plan establishes the following
conditions for permitting temporary uses:
- Council may pass by-laws to authorize the temporary use of land,
buildings or structures for an appropriate purpose that is not permitted
under the land use designation as shown on Schedule “A” – LAND USE, for a period of up
to three years
The proposal is not an appropriate use for the land, buildings or
structures on the property. The area is
zoned residential and designated in the Official Plan as Urban Residential and
Environment Protection Area. The
establishment of this use conflicts with the polices of the Urban Residential
and Environmental Protection Area polices, which provide for residential and
open space / conservation uses on these lands.
- Council, when enacting a Zoning By-law permitting a temporary use,
shall require that the proposed use is of a temporary nature and shall not
entail any major construction or investment on the part of the owner so
that the owner will not experience undue hardship in reverting to the
original use upon the termination of the temporary use provisions. Requirements may be made in the By-law
for provisions to restore buildings, sites, structures or uses to those in
effect before enactment of the By-law.
The proposed business does not meet this test. There are a number of buildings on the site which
have been constructed, one of which received a building permit and was described
at the time of construction as an accessory building to the permitted dwelling. Currently the vehicles and equipment are
stored along the southern boundary of the property. An extensive portion of the property has been
altered to allow for the storage and movement of vehicles and equipment
associated with the business. Staff are most concerned with the fact that a significant
portion of the woodlot has been cut down to accommodate the landscape business. These actions represent a financial
investment in the site.
iii.
Council may extend a Zoning By-law permitting a
temporary use for further periods of up to three (3) years each, in accordance
with the provisions of the Planning Act, R.S.O. 1990, c. P. 13, provided such
extension does not jeopardize the long term development intentions for the
subject lands/area as specified in this Plan.
This is the first time that a by-law would be passed on the subject
land and as such this provision does not apply.
However, permission, even for a first 3 year period will legally establish
the use and could jeopardize long term environment protection possibilities for
the site.
Secondary Plan
The Thornhill
Secondary Plan expands on the Official Plan polices (Section 14.3 c)). This section identifies certain tests against
which an application for temporary use should be evaluated:
i)
“Not disruptive to
neighbouring property owners and the general area...”
To ensure that the temporary use is compatible
with the surrounding neighbourhood the Secondary Plan requires that the use
should not be disruptive to the neighbouring property owners. Visual impacts, noise, dust, parking and
traffic, amongst other nuisance factors, are of particular concern.
Staff are of the opinion that this business is not a
compatible, benign, or neutral interim temporary use in relation to adjacent
residential uses and zoning. The application introduces traffic on the site all
hours of the day because of the nature of the business (snow removal and
landscaping). Snow removal is
potentially a 24 hour a day operation during the winter, which will be
disruptive to the general area, as well as the residential dwellings on the
site. The business has been illegally operating for some time and is not
consistent with the Town’s planning objectives for the area. This illegal use
is eroding the residential character of this portion of Langstaff, and is not
consistent with the Town’s objectives for improvements and redevelopment of the
area.
The subject property is entirely designated Public
Open Space – Environmentally Significant.
This designation has been applied as a result of the significant forest
cover over much of the area east of Langstaff Road in this area.
The proposed use conflicts with the Secondary Plan’s vision and policy
to protect and continue to enhance the designated lands.
Staff are of the opinion that mitigative
measures (e.g. landscaping, fencing, and stormwater management) cannot adequately
address the negative impacts of the truck traffic and storage on adjacent
residential use as well as the residential use on subject property. There are a
number of occupied dwellings in the general area. Therefore, staff conclude that the operation
of a landscaping and snow removal business is not compatible with the adjacent
residential use, nor can it be made compatible through mitigative measures.
ii)
“Any new buildings and site improvements should be
temporary and minimal in nature”.
The property currently supports
a residential dwelling, as well as four additional structures associated with
the business.
Although the owner proposes no
further buildings on the site, at this time, the four existing buildings
represent a significant investment in the site to accommodate the business. As a result, the scale of
the operation and the required site improvements are not minor and have
/ will significantly change the character of the property.
iii)
“Existing, significant vegetation should not be
removed to accommodate temporary uses”.
This policy is included to protect the natural
environment. This property is designated
Public Open Space - Environmental Significant in the Thornhill Secondary Plan. This designation was applied to recognize the
mature forest that is on this and surrounding properties. There are indications on the property that trees
have been cut down, reducing the forest area to accommodate the landscape
business. This has further expanded the
scale of this use and the impact on the natural environment. The Toronto Region Conservation Authority
(TRCA) has indicated that the forest cover is environmentally significant and
should be preserved.
iv)
“Uses that require upgrading of existing municipal
services should not be considered in the context of temporary uses”.
There are no municipal services to be constructed or improved.
v)
“Generally, extensive paving of parking facilities
should not be essential or necessary to accommodate a temporary use”.
While the parking area is not paved at this time, the
function of the site will be that of a truck and equipment parking area. This type of use would normally require some
treatment such as asphalt or similar construction in order to reduce dust and
dirt from travelling off site. This conflicts
with the above policy of the Secondary plan.
If approved, a Holding provision should be placed on the zoning and a
site plan agreement required
Should Council decide to approve the temporary use by-law, despite
staff’s recommendation, a Holding provision should be attached to the by-law. Removal of the Holding provision should be
subject to the owner executing a site plan agreement. The site plan agreement should not only
contain provisions that clearly outline what mitigative measures are to be used
until the use ceases but also how the site would be rehabilitated, upon the
termination of the temporary by-law.
FINANCIAL
CONSIDERATIONS:
No financial issues have been identified at
this time.
ENVIRONMENTAL
CONSIDERATIONS:
The site contains a portion of a
significant forest cover, which has been identified in the OP and the Thornhill
Secondary as “Environment Protection Area”.
The subject property abuts significant natural forest cover, which is
identified within the TRCA’s Terrestrial Natural Heritage
System Strategy.
BUSINESS
UNITS CONSULTED AND
AFFECTED:
The applications have been circulated to
various Town departments and external agencies and are currently under
review.
CONCLUSIONS
Based on this analysis, staff
are of the opinion that this application should be refused, as it does
not meet the criteria for a temporary use set out by the Markham Official Plan
and the Thornhill Secondary Plan, for the following reasons:
- The operation of a landscape business is
not compatible with surrounding residential uses and the Environmental Protection
Area designation. Adequate protection is not afforded to
existing neighbouring residences either in terms of the visual impacts
from the trucks and equipment or noise impacts from vehicles arriving and
leaving the site both in the summer (landscaping operations) and in winter
(snow removal operations). The use
is eroding the residential character of the area;
- The applicant made no effort to preserve
the mature woodlot on the subject site prior to developing the illegal use;
- The
development has entailed significant investment and construction on the
property, both of which are not permitted by the Markham
Official Plan and the Thornhill Secondary Plan for temporary uses. The owner is using a number of buildings
on the site for the operation of the business, without the requisite Town
approvals. The development involves
major physical changes and financial investments, which could compromise
the future redevelopment of these properties for other acceptable, uses.
- The
unlawful development has contributed to a general proliferation of illegal
outdoor storage uses in the area.
The proposal is not consistent with the Town’s objectives for
improvements and redevelopment of the area, and is contrary to the
Official Plan and Secondary Plan.
ATTACHMENTS:
Figure
1: Location
Figure
2: Area Context
Figure
3: Air Photo - 2001
Figure
4: Site Plan
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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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Figure
1
Q:\Development\Planning\APPL\ZONING\05
014733 Langstaff - Mettel\Priliminary
Report DSC- 206 Langstaff.doc
APPLICANT / AGENT: B & L Mettel Limited Phone:
(905) 884-9857
Attn: Brian Mettel Fax:
(905) 508-5700
197 May Avenue
Richmond Hill, ON
L4C 3S8
