DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning and Urban Design

 

 

 

 

PREPARED BY:

Gary Sellars, Senior Planner, East Development District

 

 

 

 

DATE OF MEETING:

June 21, 2005

 

 

 

 

SUBJECT:

RECOMMENDATION REPORT

Alawn Lai

6155 16th Avenue

Southwest corner of 16th Avenue and Fincham Avenue

Application for rezoning to permit four new single detached residential lots.

File No.: ZA 04 007115

 

 

 


 

RECOMMENDATION:

That Alawn Lai be granted a servicing allocation of 4 units, such allocation to be from the total allocation available for infill development, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on servicing allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as the “flow control option”);

 

That the application submitted by Alawn Lai to amend Zoning By-laws 304-87 and  177-96, as amended to permit four new single detached residential lots at 6155 16th Avenue be approved and the draft by-law, attached as Appendix ‘A’, be brought forward to Council for approval once the Region confirms its acceptance of the flow control option;

 

That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner;

That the Region of York be advised of the servicing allocation for this development;

And that the following conditions be recommended to the Committee of Adjustment with respect to an application by Alawn Lai for consent to sever at 6155 16th Avenue:

  • That the owner submit a site plan, building elevations, landscape plan and tree preservation plan for review and approval by the Commissioner of Development Services
  • That the owner provide cash-in-lieu of parkland in accordance with Town policy
  • That the owner construct a bus passenger standing area in the 16th Avenue road allowance to the satisfaction of the Region of York
  • That the owner enter into a site plan agreement with the Town

PURPOSE:

The purpose of this report is to recommend approval of the application submitted by Alawn Lai to amend Zoning By-laws 304-87 and 177-96, as amended to permit four new single detached residential lots at 6155 16th Avenue, subject to York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on  servicing allocation from the Director of Engineering and the Director of Planning and Urban Design.  This report also recommends conditions for a consent to sever application that the applicant will be submitting to the Committee of Adjustment for the subject property.

 

BACKGROUND:

Property and Area Context

The subject property has an area of 1409 m2 (15,166 ft2) and is located at the southwest corner of 16th Avenue and Fincham Avenue.  There is an existing single detached residential dwelling on the property that is to be demolished.  The existing dwelling is not listed in the Markham Inventory of Heritage Buildings.  

 

Brother Andre High School is located to the north, across 16th Avenue.  To the south are single detached residential lots.   To the east, across Fincham Avenue, is a retail plaza. To the west is a heritage dwelling and accessory building occupied by Kavanagh Roofing. 

 

Official Plan and Zoning By-law

The property is designated Urban Residential – Low Density in the Official Plan and the North East Markham Secondary Plan (PD 1-1), and is currently zoned Rural Residential (RR4) by By-law 304-87, as amended.

 

Proposal

The applicant has submitted an application to rezone the property from Rural Residential (RR4) in By-law 304-87 to Residential Two (R2) in Urban Expansion By-law 177-96 to permit four new single detached residential lots as follows:

 

 

Exterior Lot (corner lot)

Interior Lots (3)

Lot Frontage

11.1 m (36 ft.)

             9.4   m (31 ft.)

Lot Depth

  33.5 m (110 ft.)

           33.5   m (110 ft.)

Minimum Front Yard

  6.0 m (20 ft.)

             6.0   m (20 ft.)

Minimum Rear Yard

 7.5 m (25 ft.)

             7.5   m (25 ft.)

Minimum Side Yards

2.4 m (8 ft.) and 0.3 m (1 ft.)

1.2 m (4 ft.) and 0.3 m (1 ft.)

Building Height

  9.8 m (32 ft.)

             9.8   m (32 ft.)

Building Gross Floor Area

253 m2 (2720 ft.2)

256 m2 (2756 ft.2)

 

 

The above-noted proposed minimum lot frontages and side yards for the three interior lots have been revised by the applicant from the 9.75 m (32 ft.) and 0.6 m (2 ft.) respectively that were presented at the Public Meeting held on June 28, 2004.  The proposed revision to the interior lot frontages is necessary to accommodate a wider corner lot with a driveway location that satisfies Town requirements.  The proposed revision to the interior lot side yards would allow the applicant to maintain the size of dwellings originally proposed on the 9.75m lots.

 

An application to Committee of Adjustment for consent to sever the property is required to implement this proposal.

          

DISCUSSION:

 

Town staff concur with the conclusions and recommendations of the traffic assessment prepared by the applicant’s consultant in support of this application

Concerns were expressed at the Public Meeting held on June 28, 2004 by the adjacent property owner on 16th Avenue with respect to potential traffic congestion and safety at the 16th Avenue/Fincham Avenue intersection. The adjacent property owner also submitted a petition signed by area residents with respect to these concerns.

 

In accordance with the Development Services Committee resolution adopted at the Public Meeting, the applicant has had a traffic assessment prepared by a traffic consultant in support of this application. Staff have reviewed the traffic assessment and concur with its findings.  The assessment concludes that the four proposed dwelling units will have little or no effect on the capacity of the road system or the intersection of 16th Avenue and Fincham Avenue.  As noted in the assessment and on the site plan, the proposal provides for a daylighting triangle on the southwest corner of 16th Avenue and Fincham Avenue as required by the Region.  The daylighting triangle is designed to provide appropriate sight distances at the intersection.  The daylighting triangle and a 3m road widening adjacent to 16th Avenue will be conveyed to the Region, as a condition of an application to Committee of Adjustment for consent to sever the property. 

 

It is recognized that for brief periods on a weekday, there will be queues extending past the new residential driveways primarily due to school traffic from Brother Andre High School. This is similar to many locations across Town where collector roads intersect with arterial roads.  During these periods, residents from these units will need to wait until there is a break in the queue.  The applicant is also proposing to provide a 3m x 3m turn-around area (hammer head design) for each driveway to ensure that residents can enter the roadway safely in a forward motion. Staff support the provision of the turn around areas, subject to the installation of landscaping around the turn around areas to ensure that they are not expanded to become an additional parking space. 

 

In response to concerns expressed by the adjacent property owner at the Public Meeting and a community information meeting held by the Ward Councillor, the applicant has agreed to provide a number of features

Concerns were also expressed by the adjacent property owner on 16th Avenue with respect to privacy and pedestrian/transit stop user conflicts at the southeast corner of 16th Avenue and Fincham Avenue.  There is an existing 1.8m (6 ft.) privacy fence on the property line.  The applicant has agreed to provide additional buffering in the form of landscaping (cedar hedge or trees) to address the concern of privacy.  The required conveyance of a 3m road widening and daylighting triangle adjacent to 16th Avenue will provide sufficient area for a separate bus passenger standing area.  The applicant has agreed to construct a concrete bus passenger standing area in the expanded road allowance. 

 

The proposed lots and dwellings arc considered to be compatible with the community 

To the south of the subject property on Fincham Avenue are single detached lots with frontages of 13.8m and 12m (45ft. and 39ft.). To the south and west on Noel Street and Trothen Circle are linked units with frontages of 9m (29.5 ft.).  Within this range of existing lot sizes and unit types, the proposal is considered to be compatible with the community.  The proposal is also considered to be appropriate for this location (collector and arterial road intersection).  The proposed heritage design of the dwellings is considered to be appropriate due to the properties close proximity to the Markham Heritage District. 

 

The applicant should be required to enter into a site plan agreement as a condition of consent to sever the property

The applicant should be required to enter into a site plan agreement with the Town to ensure that the site plan submitted in support of this rezoning application and the required landscaping, driveway features and bus passenger standing area are implemented. The staff recommendation includes provisions for this requirement as a condition of consent to sever the property. 

 

Final approval conditional on Regional acceptance of Markham’s flow control option

Approval of the proposed zoning amendments is conditional on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design.  The staff recommendation includes provisions to bring the implementing zoning by-laws forward to Council for adoption once the Region confirms its acceptance of the flow control option.

 

FINANCIAL CONSIDERATIONS:

No financial implications at this time.

 

ENGAGE 21ST. CONSIDERATIONS:

Managed Growth

Infill redevelopment proposals such as this one help the Town make better use of existing infrastructure and limit the amount of greenfield lands required for urban development.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The requirements of other Town Departments and agencies have been taken into consideration  in the review of this application.


 

ATTACHMENTS:

Figure 1 - Applicant/Agent & Location Map

Figure 2 - Area Context/Zoning

Figure 3 – Aerial Photo

Figure 4 – Site Plan

Figure 5 – Building Elevations

 

Appendix ‘A’ – Draft Zoning By-law Amendment

 

 

 

 

 

 

 

 

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

Director of Planning and Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 


                                                                                                                                   

FIGURE 1

 

DOCUMENT #  Q:\Development\Planning\APPL\ZONING\04 007115\rdscgsJune21.doc

 

 

APPLICANT/AGENT:            Alawn Lai                                             Phone: (416) 917-1250

                                                6155 16th Avenue                                 Fax:     (905) 201-6947           

                                                Markham, Ontario

                                                L3P 3K8

 

                                                Ben Quan                                             Phone: (905) 477-2005

                                                QX4 Investments Ltd.                          Fax:     (905) 479-4517

 

 

LOCATION MAP: