RECOMMENDATION:
That a Public
Meeting be held to consider the applications submitted by Fairglen Homes Ltd.
for zoning by-law amendment and draft plan of subdivision to permit 18 single
detached lots at 9765 Kennedy Road, located east of Kennedy Road, north of Bur
Oak Avenue in the Berczy Village Community
PURPOSE:
The
purpose of this report is to provide preliminary information regarding applications
by Fairglen Homes Ltd. for zoning by-law amendment and draft plan of
subdivision to permit 18 single detached lots, at 9765 Kennedy Road, located east of Kennedy Road,
north of Bur Oak Avenue in the Berczy
Village Community.
BACKGROUND:
The subject lands are located within
the Berczy Village Community, on the east side of Kennedy Road, north of Bur Oak Avenue, municipally known as 9765 Kennedy Road. The 0.968 hectare (2.39 ac)
property contains the heritage dwelling Henry Pingle Senior House. To the north and east are single detached
dwellings. To the west, across Kennedy Road, are single detached dwellings, townhouses and vacant
commercial lands within the Angus Glen community. To the south is the York Downs Garden Centre.
Heritage building is located on the subject property
The subject property contains the
Henry Pingle Senior House, which is identified as a heritage resource in the
Berczy Village Secondary Plan and is listed on the Markham Inventory of
Heritage Buildings. The property has
been listed on the heritage inventory since 1993.
Previous application to amend the zoning by-law refused
In September 2003, an
application to amend the zoning by-law to permit residential uses at 9765 Kennedy Road was submitted by a previous applicant. The proposal comprised 22 single detached,
condominium dwellings.
Following a number of
meetings with the applicant, staff recommended that Committee refuse the
proposal for the following reasons:
- The proposal is not in keeping with the
policies of the Berczy Village Secondary Plan;
- The proposal does not respect the existing
development pattern in an area context;
- The proposal does not provide for integration
with adjacent lands; and,
- The proposal does not comply with current
engineering standards.
In November 2003, Development Services
Committee deferred the application as requested by the applicant, to allow the
submission of a revised proposal to address the concerns noted by staff.
Current zoning and Official Plan
Designation
The subject property is designated Urban
Residential in the Official Plan and Urban Residential – Low Density in the
Berczy Village Secondary Plan. The
intent of this designation is to identify lands to be used primarily for low
density housing with direct frontage on a public street.
The proposed single detached lots comply with
the uses and density (17 to 37 uph or 6.9 to 14.9 upa) in the Urban Residential
– Low Density designation (Table A).
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TABLE A
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RESIDENTIAL
UNITS
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HECTARES
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ACRES
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Single detached
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18
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0.623
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1.539
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Gross Site Area
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0.968
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2.392
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Net Site Area
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0.623
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1.539
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Net Site Density
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28.8 uph
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11.69 upa
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The subject lands are currently zoned
Agricultural (A1) by by-law 304-87, as amended, and a zoning amendment is
required to permit the proposal.
18 single detached lots proposed
The applicant is proposing 18
single detached dwellings with frontages ranging from 9.15 m (30 ft) to 16.2 m
(53.1 ft). The lots have similar lot
frontages to the adjacent subdivision to the north and east. 11 lots are of conventional depth and the
remaining 7 lots are wide shallow lots.
POTENTIAL BENEFITS OF APPROVAL OF THE
PROPOSAL:
Some of the anticipated benefits of the proposal include:
·
Proposal is in keeping with the Berczy Village
Secondary Plan.
·
Completion of vacant lands within a largely built
up area of the Berczy Village Community.
·
Completion of Tannis Street and Cynthia Jean
Street.
·
Preservation of the heritage dwelling within the
draft plan of subdivision.
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
- Additional
servicing allocation required from the Region prior to draft plan approval
As set out in the February 15, 2005 servicing allocation report, Council
recommended that an additional 18 units be allocated to the subject lands. This allocation is part of a larger regional
allocation to the Town of over 4,000 units, which is contingent on approval by
Regional Council. This approval is still
outstanding. As a result, draft plan
approval cannot be granted until additional servicing allocation is confirmed
by the Region, in accordance with the recommendation of the Feb 15 report.
- Heritage Markham
recommends that the Henry Pingle Sr. House be designated under Part IV of
the Ontario Heritage Act
Heritage Markham recommended at its April 25, 2005, Committee meeting that the Henry Pingle Sr. House be
designated under Part IV of the Ontario Heritage Act. In addition to the standard conservation
requirements to protect the building (letter of credit, heritage designation
and other preservation requirements for heritage buildings preserved within
plans of subdivision), the Committee recommended that the heritage house be
retained on a larger lot to provide a larger amenity area.
The applicant is currently responding to the recommendation and has
indicated that a response is being prepared and will be forwarded to Heritage
Markham outlining a justification for retaining the heritage dwelling on the
proposed lot. Heritage Markham expressed a concern with the size of the amenity
space and whether the dwelling would be saleable. To alleviate the Committee’s concern, the
applicant intends to demonstrate that the heritage dwelling is sustainable on
the proposed lot and has indicated that there is a potential purchaser.
- Temporary
turning circle required
The Engineering Department requires a temporary turning circle and will
require several lots be frozen until Tannis Street is extended southward.
FINANCIAL CONSIDERATIONS:
There are no financial matters to be considered in
this report.
BUSINESS UNITS CONSULTED AND AFFECTED:
The applications have been
circulated to various Town departments and external agencies and are currently
under review. Requirements of the Town
and external agencies will be reflected in the preparation of the draft plan
conditions and zoning by-laws.
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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\SUBDIV\05 009324 FAIRGLEN
HOMES LTD\preliminary report.doc
ATTACHMENTS: Figure 1 –
Applicant/Agent and Location Map
Figure
2 – Area Context and Zoning
Figure
3 – Air Photo
Figure
4 – Proposed Draft Plan
APPLICANT/AGENT: Joanne Barnett
6 Dunkirk Road
Toronto, ON
M4C
2L9
Tel: (416) 990-8367
Fax: (416) 423-1980
