RECOMMENDATION:
That the site plan applications submitted by John Alexandris for the properties located at 56, 58 and 60
River Bend Road be approved, subject to the following conditions:
- That the Owner enter a
Site Plan Agreement with the Town containing all standard provisions and
requirements of the Town and public agencies and include the following:
(a) Provision for payment by the Owner of all applicable fees, recoveries,
cash-in-lieu of parkland, and Developers Group obligations;
(b) Provision to ensure that the Owner obtains a
demolition permit from the Building Department, prior to removal of the
existing single detached house on the subject lands;
(c) Provision to ensure that the Owner obtains all the
necessary building permits from the Building Department, prior to any
construction on the subject lands;
(d) Provision to ensure that the Owner decommissions the
existing septic system located on the subject lands, prior to any construction,
to the satisfaction of the Director of Building;
(e) Provision requiring the Owner to post sufficient
securities to ensure proper construction on the subject lands, including full
compliance with all approved drawings and Town and public agency requirements;
(f) Provision to ensure that the environmental buffer is
restored and landscaped by the Owner, to the satisfaction of the Town;
(g) Provision to ensure that all structures constructed on
the subject lands shall be floodproofed to the satisfaction of the Toronto and Region Conservation Authority;
(h)
Provision to
ensure that the Owner complies with all requirements of the Toronto and Region Conservation Authority. Further, that the Owner covenants and agrees to
indemnify and save the Town harmless from all actions, suits or claims
whatsoever which may arise should flooding occur on the subject lands;
(i) Provision to ensure that no trees will be removed from
the subject lands, without prior approval from the Commissioner of Development
Services;
(j) Provision to ensure that tree protection/siltation
fencing is installed prior to the beginning of any movement of soil on the
site, initiation of any demolition, grading or construction on the site;
(k) Provision requiring the Owner to plant a naturalized
hedge along the rear of the proposed new property line;
(l) Provision requiring the Owner to include in all offers
of purchase and sale a clause advising the purchasers of a 5 metre no build
zone (environmental buffer) located within the subject property;
(m) Provision requiring the Owner to post sufficient
securities to ensure compliance with all applicable landscape matters such as
tree preservation, fencing, landscaping and streetscape requirements of this
agreement;
(n) Provision advising the Owner that the Town may at its
discretion, install a chain link fence in the future along the rear of the
proposed new property line;
(o) Provision to ensure that the subject lands remain free
of refuse, junk, debris or other material, while the parcel remains vacant, and
that any such refuse, junk, debris, or other materials will be removed from the
subject lands at the expense of the Owner;
(p) Provision to ensure that the Owner contacts the
Operations Department to arrange and pay for the installation of culverts for
the proposed driveways;
(q) Provision to ensure that the Owner agrees to provide a
minimum 1.2 metre clearance from the existing or proposed utilities to the
driveway. The Owner will be required to
pay all cost associated with the relocation of utilities if so required and
restore the boulevard to the satisfaction of the Town;
(r) Requirements for municipal connections (sanitary and
water) and driveway access;
(s) Provision to ensure that new houses will be connected
to the existing sanitary sewer at the property line, to the satisfaction of the
Director of Engineering; and
(t) Provision to ensure that the Owner acknowledges that
there are no storm sewers on River Bend Road to service the subject property, and that the Owner covenants and
agrees to indemnify and save harmless the Town from responsibility of liability
for any damages caused due to basement flooding.
- That the site plans,
elevations, and landscaping drawings be finalized to the satisfaction of
the Commissioner of Development Services;
- That the Owner’s
Arborist certify that the tree preservation fencing has been installed
correctly, as per Arborist Map 1, 28 River Bend Road, July
30, 2003 prior to execution of
the site plan agreement;
- That the Owner finalize
conditions of severance, including execution of the Development Agreement
prepared for the subject properties;
- That the Owner convey
to the Town free of costs and encumbrances the valley lands from the confirmed top-of-bank of the
Rouge River, plus a 5 metre environmental buffer; and
- That should the
development not proceed in a timely manner, this site plan approval shall
lapse 3 years from the date of approval by the Development Services
Committee.
PURPOSE:
The purpose of this report is to recommend
approval of three site plan applications to permit the construction of single
detached houses at 56, 58 and 60
River Bend Road.
BACKGROUND:
Subject
lands and area context
The subject properties are located south of
Highway #7, on the north side of River Bend Road
(Figure 1). The properties are bounded
by the Rouge River to the north, and by single detached houses to
the west and south across River
Bend Road, and to the east by
lands which recently received site plan approval to permit the construction of
two new single detached homes (Figure 3).
Property has been rezoned to permit the construction of 3 single
detached houses
In June, 2003 Council approved a zoning by-law
amendment application to rezone the subject properties (formerly known as 28
River Bend Road) from Rural Residential Housing (RRH) under By-law 122-72 and
Open Space One (O1) under By-law 304-87, as amended, to Residential Three (R3),
under By-law 122-72, as amended, to permit the construction of 3 new single
detached houses. This zoning by-law
contains a holding zone provision to ensure that a site plan agreement is executed
prior to issuance of any building permits.
Consent to sever has been granted by the Committee of Adjustment
The Committee of Adjustment granted
consent to sever to create two new lots in June 2003. Staff recommended as a condition of approval,
that the Owner enter into a development agreement with the Town. This development agreement has been prepared
and includes provisions and securities to ensure that construction on the
property is carried out in a proper and legal manner, and that no trees are
removed without prior written approval from the Town. The development agreement has been forwarded
to the Owner for execution.
As a condition of severance, the
applicant must convey to the Town the valley lands as well as, a 5 metre
environmental buffer from the confirmed top-of-bank to the river. Provisions have been included in the
Development Agreement requiring the Owner to conduct some restoration work
within the 5 metre environmental buffer, in order to facilitate restoration of
the buffer area.
It should also be noted that in
addition to the 5 metre environmental buffer to be conveyed to the Town, an
additional 5 metre no build zone (additional environmental buffer) has been
established at the north end of the properties and zoned Open Space One (OS1),
but will be retained as part of the residential properties (Figure 4). The Development Agreement also contains
provisions to ensure that future purchasers are advised of the building
restrictions within the 5 metre no build zone (environmental buffer) within the
subject lands.
Three single detached houses are proposed
In September 2003, the applicant applied for
site plan approval to permit the construction of single detached houses at 56,
58 and 60 River Bend Road. Typically, this type of site
plan application would be approved by the Director of Planning & Urban
Design; however, given the concerns raised with respect to tree preservation
and proper construction on the subject properties, Development Services
Committee directed that site plan approval be obtained through Committee.
The applicant has submitted three
site plan applications to permit the construction of three single detached
houses, as described below:
|
Property
|
Size of Lot
|
Size of
Detached House
|
|
Hectare
|
Acre
|
m²
|
ft²
|
|
56 River Bend Road
|
0.12
|
0.30
|
431.2
|
4,642.2
|
|
58 River Bend Road
|
0.09
|
0.22
|
411.1
|
4,425.5
|
|
60 River Bend Road
|
0.07
|
0.18
|
406.7
|
4,378.1
|
OPTIONS/DISCUSSION
Permits have been obtained from the Town & Toronto and Region
Conservation Authority
In November 2003, the Building
Department issued a demolition permit for the existing house and detached
garage.
The Toronto Region and Conservation
Authority advised that the owner has obtained all the necessary permits in
accordance with Ontario Regulation 158 (Fill, Construction and Alteration of
Waterways), and that they have no objection to the approval of the site plan
applications.
Some measures are already in place to ensure proper development of the
subject property
As part of the review of the
previous zoning by-law amendment application, Council enquired about what
measures could be taken to ensure that the builder fulfils his obligations
toward the proper development of the subject property. The following measures have been taken:
- Lands have been zoned with a Hold “H” provision to ensure that a
site plan agreement is executed with the Town, prior to any building
permit being issued.
- A Development Agreement has been prepared as a condition of
severance. This development
agreement includes amongst other things, conditions and requirements to
post securities to ensure that construction is carried out in a proper and
legal manner and that trees are not removed from the subject property
without prior written approval from the Town. The Development Agreement
has been sent to the owner, and must be executed before the severances can
be finalized.
- Diligent inspection is required to ensure proper construction on
the subject properties. Construction activities are primarily regulated
through the Building Code Act and the Building Code and accordingly the
most appropriate method to ensure construction at 56, 58 and 60 River Bend Road is carried out properly will be to enforce compliance with the
aforementioned statute and regulation.
This will entail a diligent inspection and review program by the
Building Department staff and Enforcement Officers with respect to the
building activities occurring at the subject property to ensure that the
applicant is not undertaking any work prior to obtaining any necessary
approvals, and complies with approved drawings and Code requirements. Compliance orders should be issued for
any contravention(s) and enforced if necessary. The Town’s Landscape Inspector and Building
Department have been advised, and they will be monitoring the subject
properties to ensure proper construction and adherence to tree
preservation requirements, as outlined in the development agreement.
Additional performance measures
identified in the Development Agreement with respect to the severance
application have been included as conditions of site plan approval.
Staff are satisfied with the proposed site plans and building elevations
The proposed site plans and
building elevations reflect an acceptable built form for the Sabiston/Oakcrest
area. The development features the
following:
- Location of driveways and building footprint maximize the number of
trees that can be preserved on site;
- Building elevations for all three properties feature extensive
window glazing;
- Garages do not dominate the streetscape and are either flush/or
project a maximum of 2.5 metres
beyond the building face or front entry element;
- Building elevations incorporate a variety of building materials;
and
- Pitch of the roof line is compatible with other
new homes in the area.
Staff are satisfied with the site plan and building elevations
for the proposed single detached houses at 56, 58 and 60 River Bend Road.
FINANCIAL CONSIDERATIONS:
There are no financial implications for the
Town in this report.
ENVIRONMENTAL CONSIDERATIONS:
As a condition of severance, the Owner must
convey the valley lands from the confirmed top-of-bank plus a 5 metre
environmental buffer.
BUSINESS UNITS CONSULTED AND AFFECTED:
These applications were circulated to internal
departments (Fire, Building, Engineering, Design, Waste Management), and
external agencies for comments.
|
|
|
|
|
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
|
Q:/Development/Planning/App/Zoning/02111344/DSC_March23_04
FIGURE
1
ATTACHMENTS:
Figure 1: Location
Map
Figure 2: Zoning/Context
Map
Figure 3: Aerial
Map
Figure 4: Proposed
site plan
Figure 5: Proposed
elevations for 56
River Bend Road
Figure 6: Proposed
elevations for 56
River Bend Road
Figure 7: Proposed
elevations for 58
River Bend Road
Figure 8: Proposed
elevations for 58
River Bend Road
Figure 9: Proposed
elevations for 60
River Bend Road
Figure 10: Proposed
elevations for 60
River Bend Road
APPLICANT/AGENT: Tony Masongsong Tel:
(905) 944-0162
1150 Denison Street,
Unit 15 Fax: (905) 944-0165
Markham, ON
L3R
3Y4
LOCATION MAP
