RECOMMENDATION:
And that the record of the Public Meeting held on March 25, 2003
regarding the proposed rezoning application be received;
And that the application (ZA.02-111344) to amend By-law 122-72,
submitted by John Alexandris, be approved and the amending Zoning By-law
attached as Appendix ‘A’ to the June 3, 2003 report be enacted.
PURPOSE:
This purpose of this report is to recommend
approval of a zoning by-law amendment application to rezone the subject
property to permit the construction of 3 single detached houses at 28 River
Bend Road.
BACKGROUND:
Area Context
The subject property is located at 28
River Bend Road, generally south of Highway #7 on the north side of River Bend
Road (Figure 1). The property is
bounded by the Rouge River to the north, and by single detached houses to the
east, west and south across River Bend Road (Figure 3).
The property has a frontage of 68.6 metres
(225.12 ft), and a lot area of 0.35 ha (0.86 acres). The property currently contains a two-storey house, which is
intended to be demolished, and a number of mature trees (Figure 3).
The property is situated in the
Sabiston/Oakcrest community, which consists primarily of larger older lots
(Figure 2). There have been recent
severances on River Bend Road, west of the subject property (18 River Bend Road),
and immediately to the east, which permitted frontages ranging from 15.24 m (50
ft) to 19.3 m (63.3 ft).
Proposal is consistent with the Official Plan
A
narrow portion of the rear of the lot is designated Hazard Lands in the
Official Plan and the remainder of the lot is designated as Special Policy
Area.
The
lands designated Special Policy Area are subject to potential flooding during a
major regional storm event. However, oweveHHthe Provincial Flood Policy and
the Town’s Official Plan recognize that parts of certain urban areas have
historically developed within flood plains and therefore certain activities
such as the proposed single detached residential developments may be permitted
in Special Policy Areas, subject to appropriate permits and flood protection
measures being approved by the Toronto and Region Conservation Authority, prior
to any work taking place. Development Services Committee have directed staff to
review the Special Policy Area polices and bring back recommendations for
consideration by Council. This work
will be undertaken shortly and will be brought forward to Council this fall.
Development Services Committee had requested
that staff speak with the Ministry of Natural Resource to clarify whether or
not the Town is correctly interpreting the special policy area policies. This matter is discussed later in this
report.
By-law amendment is required to accommodate the
proposal
The
front portion of the lot facing River Bend Road is currently zoned Single
Family Rural Residential (RRH) under By-law 122-72, as amended, and the rear
portion of the lot is zoned Open Space (O1) under By-law 304-87, as
amended. In addition, with the
exception of a small area at the northwest corner of the property, the entire
property is also zoned with a Special Policy Area overlay.
In
order to accommodate the proposed new residential lots, the zoning by-law would
have to be amended to rezone the lands to an appropriate residential zone
category with development standards to reflect the proposal. All the lands
being conveyed to the Town would be zoned Open Space (O1).
Application has been modified from its
original submission
The original application was to rezone the
property to accommodate a severance that would result in a retained parcel and
the creation of three new lots with frontages ranging from15.27 m (50.1 ft) to
16.17 (53.1 ft). The intention was to
construct 4 new single detached houses, including a new dwelling on the
retained lot (Figure 5).
The applicant has modified the application,
and now proposes to rezone the property to accommodate 2 new lots and the
construction of 3 single detached houses, including a new dwelling on the
retained lot. The proposed lots would have frontages and lot areas as follows
(Figure 5).
LOT
|
FRONTAGE
|
AREA
|
|
Metres
|
Feet
|
Acres
|
Hectares
|
|
1
|
21.71
|
71.22
|
0.25
|
0.10
|
|
2
|
21.68
|
71.12
|
0.23
|
0.095
|
|
3
|
21.61
|
70.8
|
0.22
|
0.087
|
At staff’s request the applicant has refrained
from applying to the Committee of Adjustment for severances until after a
Council decision on the subject rezoning application.
Public Meeting was held to consider the
application
On Tuesday, March 25, 2003, a public meeting was held to consider
this rezoning application. A number of
concerns were raised through written submissions and deputations with respect
to tree preservation to maintain the character of the street, dwelling
setbacks, run-off from the subject property, and infrastructure funding, and
environmental buffer. Committee also
expressed concerns related to past construction performance of the builder. The concerns raised have been addressed as
follows:
The
majority of trees are intended to be preserved.
A number of area residents expressed concern regarding the potential
loss of trees within the property. The
applicant has submitted a tree inventory and preservation plan to the Town for
review and approval. The majority of
the trees within the developable area are located at the front of the lot
adjacent to River Bend Road and along the west side of the lot. The proposed draft zoning by-law, attached
as Appendix ‘A’, provides building setbacks (see Figure 5), which would help to
preserve the majority of the trees in this area. Careful consideration will also be given at the time of site plan
review to ensure that houses and driveways are located in such a way as to
maximize tree preservation. At the
severance and site plans stages, staff will require that sufficient securities
are available to ensure tree preservation.
Appropriate building setbacks have been achieved.
A number of residents from the south side of River Bend Road and the
adjacent property owner to the west (26 River Bend Road) expressed concern
regarding the previously proposed front yard setback of 7.6 metres and
suggested that the buildings should be set back much further to be in keeping
with the character of the area.
The houses on the south side of River Bend Road are setback
approximately 4.5 metres from the street while the dwelling to the west is
setback approximately 48 metres (157.4 ft) from River Bend Road. In addition, as part of a previous severance
application, the adjoining lots to the east were rezoned with 18 metre front
yard setbacks. It is staff’s
understanding that the owners of the two properties immediately to the east
will be seeking reductions to their front yard setbacks, with new setbacks
ranging from 14 to 16 metres, which appears to be supportable subject to
conditions.
Staff considered setting the houses further than 10 metres from
River Bend Road, but this would result in small rear yards that would not be
useable given the 5 metre environmental buffer being conveyed to the Town, and
the additional 5 metre “no build” zone (zoned Open Space) proposed in the
zoning by-law (Appendix ‘A’). A 10
metre front yard setback allows the houses to have rear yards ranging from 10
metres to 15 metres (excluding the 5 metre “no build” zone), and also enables
the trees at the rear of the property (Lot 1) to be preserved.
Staff reviewed the proposed
front yard setbacks having regard for the existing and proposed front yard
setbacks for other lots in the area, tree preservation, impact on the
valleylands and the usability of the rear yards of the proposed lots. It was felt that it would be difficult to
achieve a front yard setback consistent with the existing dwelling to the west,
without seriously compromising other objectives. Staff has determined that a setback of approximately 10 metres
would be reasonable for the proposed lots and the applicant has agreed to this
requirement (see Figure 5).
Further, while many of the newer dwellings in the area have provided
side yard setbacks of 1.2 metres (4 feet) for a one-storey portion of the
house, and 1.8 metres (6 feet) for a two-storey portion of the house, having
regard for the spacious separation of the older dwellings in the area, the
applicant has agreed to provide 2 metre (6.5 feet) side yard setbacks so that
between two dwellings there would be a minimum of 4 metres (13 feet).
Run-off from this property will not effect the property to the west.
The property owner to the west expressed
certain concern regarding the potential impact of runoff from the subject
property. The applicant’s engineer has
advised that the lot at 26 River Bend Road is at a higher elevation than the
subject property and that they will not be altering the grades on the subject
property, in order to preserve the trees located along the west portion of the
property. Therefore, there will be no
additional run-off onto the adjoining property to the west.
Infrastructure funding, and South Unionville
Area Specific Development Charges are not being applied to severances on River
Bend Road (Glen Baron)
A resident of South Unionville (Glen
Baron) enquired as to how infrastructure funding and development charges would
be applied to the proposed severance.
There is no area specific development charge by-law in effect for this
area. As part of the severance
application the applicant will be required to pay cash-in-lieu of
parkland. In addition, at the building
permit stage, the applicant will be required to pay Town wide hard and soft development charges
including a component for park development,
transportation improvements, and servicing.
Educational development charges will also be payable at the building
permit stage, and such charges will be utilized by the school boards as
necessary, for the construction of school buildings.
Environmental buffer to be
conveyed to the Town
Members of Council enquired as to why the Town
was only taking a 5 metre environmental buffer into public ownership. This matter is discussed below in detail in
the section entitled “Conveyance of valleylands to the Town of Markham” on page
6.
Measures to be taken to ensure proper development of the subject
property
Council has enquired about what measures could be taken
to ensure that the builder fulfils his obligations toward the proper
development of the subject property.
The Legal Department has advised that there is no statutory authority to
impose conditions on a rezoning of land under s.34 of the Planning Act but that
the following methods that can be used to ensure proper development of the
subject property:
The lands can be zoned with a hold provision
The amending by-law could include a Hold “H”
provision (the draft by-law attached as Appendix ‘A’ includes this provision)
on the zoning of the property and the Hold would only be removed upon the
applicant entering into a site plan agreement with the Town. This would ensure that building permits
would only be issued once the applicant has entered into a site plan agreement
with the Town, to the satisfaction of the Town.
Require conditions at severance
The applicant must also apply to the Committee of
Adjustment for consent to sever the lands; at that time staff will recommend as
a condition of approval, that the owner enter into a development agreement with
the Town. This development agreement
could include, among other things, conditions respecting the proper
construction on the lands, as well as securities to ensure that construction is
carried out in a proper and legal manner.
Securities could also be taken to ensure that no trees are removed from
the subject property without prior written approval from the Town.
Require conditions at site plan approval stage
The subject lands fall within a site plan control
area and similar requirements as above, including the necessity for an
agreement and the posting of security, will be imposed as conditions of site
plan approval for the land.
Diligent inspection should be carried
out
Construction activities are primarily regulated
through the Building Code Act and the Building Code and accordingly the most
appropriate method to ensure that construction at 28 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
obtaining the necessary approvals.
Compliance orders should be issued for any contravention(s) and enforced
if necessary.
Staff’s interpretation of Special Policy Area policies appears to be
correct
As noted above, Committee requested that staff
speak with the Ministry of Natural Resources to clarify whether or not the Town
is correctly interpreting the special policy area policies. The Ministry of
Natural Resources have previously advised staff that they would not correspond
directly with the Town on these matters and that, through the one-window
approach instituted by the province, staff should deal with the Ministry of
Municipal Affairs and Housing. Staff
forwarded a letter (September 25, 2002) to the Ministry of Municipal Affairs
and Housing, with copies to the Ministry of Natural Resources and York Region,
requesting confirmation of the Provincial policies regarding development within
special policy areas. To date, no
response has been received in writing.
However, staff did contact the Ministry of Municipal Affairs and Housing
directly and was verbally advised that the Province is aware of the issue that
has been raised with respect to development within special policy areas. The Ministry advised that in the interim
staff should obtain a legal opinion from the Town solicitor to ensure that the
Town’s Official Plan policies are being accurately interpreted and if so
proceed to apply the policies as in the past, until the matter is reviewed
further. The Toronto and Region
Conservation Authority administers the Special Policy Area policies and have
advised the Town that Markham’s approved policies are consistent with the
approach undertaken by all other Special Policy Area municipal jurisdictions.
Discussions with the Town solicitor indicate
that the Town’s Official Plan policies with respect to Special Policy Areas are
consistent with the Provincial Policy Statement and that staff’s interpretation
of the Official Plan Policies are accurate.
Neither the Provincial Policy Statement or the Town’s Official Plan
contain policies which would prevent severances or subdivisions within Special
Policy Areas provided such developments can satisfy the general requirements
for development within such areas. It should
also be noted that the Town has previously approved developments, including
subdivisions, within lands designated Special Policy Area and the Toronto and
Region Conservation Authority, who administers the Special Policy Area Policies
on behalf of the province, has been content with the Town’s policies and their implementation (See
Appendix ‘B’).
Conveyance of valleylands to the Town of
Markham
The property currently extends north from
River Bend Road with the northerly boundary being relatively close to the edge
of the Rouge River. While the Official
Plan policies generally require a 10 metre environmental buffer adjacent to
valley lands the Official Plan also provides that a buffer is generally not
required on lands designated Special Policy Area. However, buildings, structures etc. are to be setback from the
stream, stable top of bank or predicted stable top of bank to the maximum
extent feasible where the full requirements of the 10 metre buffer cannot be
met.
Town staff in conjunction with the TRCA conducted a
site visit and found that the lands south of the top of bank are mostly
manicured grass. The TRCA and Town
staff felt that a 5 metre buffer in public ownership would be desirable for
this lot. The applicant has agreed to
convey the lands from the top of bank to the river (approximately 10 metres)
plus a 5 metre environmental buffer to the Town. Through the Development Agreement that will be required at the
severance stage staff will recommend to the Committee of Adjustment that the
applicant be required to provide some planting within the 5 metre buffer in
order to facilitate restoration of the buffer area. Furthermore, the proposed zoning by-law would
restrict the construction of any building or structure, which would include
sheds, decks, etc., within 10 metres of the top of bank.
The Markham Conservation Committee (MCC)
recently expressed some concerns regarding the width of the proposed buffer and
building setbacks from the Rouge River.
However, once advised of the current proposal, including rear yard
setbacks and building restrictions within the lot as discussed in this report,
the Chair of the MCC has indicated that the MCC would find the proposal to be
satisfactory.
Site Plan Approval required to accommodate
the proposal
In 1998, the Town undertook a community based
planning process to establish appropriate measures to respond to development
applications within the Sabiston/Oakcrest community. As part of this process, Council amended the Site Plan Control
By-law to apply it to new single detached dwellings within the
Sabiston/Oakcrest community and also endorsed Infill Development Guidelines for
the area.
Prior to issuance of building permits for any new building, the applicant would
be required to obtain site plan approval.
The Infill Development Guidelines prepared for the Sabiston/Oakcrest
community (January 1999) will be considered in the review of the site plan
application, with particular regard to tree preservation, and built form.
Proposed zoning by-law amendment
The subject property is currently zoned Single Family Rural
Residential (RRH) under By-law 122-72, as amended. The proposed zoning by-law amendment would rezone the property
from Single Family Rural Residential (RRH) and Open Space (O1) to Residential
Three (R3) under By-law 122-72, consistent with the zone category applied for
other recently severed lots along River Bend Road. The amending by-law, attached as Appendix ‘A’, also contains site
specific development standards as discussed in this report.
A holding zone provision is appended to the zoning
to be applied to the subject property. The condition of Hold removal is the
execution of a site plan agreement with the Town. This will allow the Town to collect securities through the site
plan agreement to ensure that trees are not removed and construction does not
occur without the necessary approvals.
FINANCIAL CONSIDERATIONS:
There are no financial considerations at this
time.
BUSINESS UNITS CONSULTED AND AFFECTED:
The application has been circulated to all
internal departments and external agencies including the Toronto and Region
Conservation Authority, and all comments have been addressed.
|
|
|
|
|
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
|
FIGURE 1
FILE:
Q:/Development/Planning/App/Zoning/02111344/DSC_June3
ATTACHMENTS:
Figure
1: Location Map
Figure
2: Area Context/Zoning
Figure
3: Aerial Map
Figure
4: Original Application
Figure
5: Proposed Lots
Appendix
A – Proposed Zoning By-law
AGENT/CONTACT: Tony Masongsong Tel: (905) 944-0162
1150 Denison Street, Unit 15 Fax: (905) 944-0165
Markham, ON
L3R 3Y4
LOCATION MAP
