Report to: Development Services Committee Date of Meeting: December 12, 2006

SUBJECT: PRELIMINARY REPORT

The Markhaven Foundation. Application for Official Plan and Zoning By-law Amendments to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive.

File No. OP 06 129531 and ZA 06 129536

PREPARED BY: Nilesh Surti, Planner, ext. 4190

East District Team

RECOMMENDATION:

That a public meeting be held to consider the application submitted by The Markhaven Foundation for Official Plan and Zoning By-law Amendments to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

Property and Area Context

The subject lands consist of approximately 18.1 hectares (44.7 acres) located at the northeast corner of McCowan Road and Major Mackenzie Drive. The lands are currently used for agricultural purposes. There is no significant vegetation or natural features on the property.

Abutting the subject lands to the east is the Markham Missionary Church and a golf driving range. Immediately to the north and to the west, across McCowan Road, are agricultural lands. To the south, across Major Mackenzie Drive, are residential subdivisions forming part of the Wismer Commons Community.

Proposed severance to permit a future seniors residence

The owners have submitted applications for Official Plan and Zoning By-law Amendments to accommodate the severance and conveyance of a 2.8 hectare (6.9 acres) parcel of land as a donation to The Markhaven Foundation. This foundation is the fundraising arm of Markhaven Home for seniors, which is a Christian charitable, non-profit long-term care facility that cares for the elderly in Markham and surrounding community. The severed parcel is intended to be developed in the future for a senior citizens’ complex, which may include a continuum of care from seniors’ residential units, through long-tern care to nursing home.

The applicant has indicated that in the interim, both the severed and retained parcels are intended to be used for agricultural purposes until such time as the lands are brought into the urban boundary and a secondary plan has been prepared for the area. Furthermore, any development would also be dependent on the extension of municipal services to these lands. The long term nature of the intended development, and the interim use for agriculture, will need to be explained in the Official Plan Amendment as the basis and non-precedent setting aspect of the severance of lands in the rural area.

Official Plan and Zoning

The Official Plan designates the subject lands “Agriculture One”. The predominant uses intended in this designation are for farming activity and related uses as well as for existing rural residential uses.

The Official Plan policies articulate the Town’s intent to preserve a large, continuous area of prime land, to be available for agriculture over the long-term, and within which farming activities can take place with a minimum of disruption from competing or incompatible land uses. The Official Plan policies require careful consideration to be given to proposals which would result in the severance of land which is being farmed or which has good soil capabilities for agriculture. The Official Plan provides that such applications should not normally be granted unless the land to be severed and the remaining parcel could be operated as viable agricultural units. Just cause must be shown for any change of use associated with the severance of land for purposes other than agricultural activity.

The Official Plan also provides that non-farm residential uses in the Agriculture designation shall be subject to an Official Plan Amendment application and that approval of such application will be conditional upon justification of a non-agricultural use to the satisfaction of Council in consultation with the Ministry of Agriculture and Food. The granting of any severance for non-farm residential uses are to take into account the following criteria:

Lots to be created shall be limited to a size commensurate with their intended use and be appropriate relative to the surrounding area;
Where conflicting land uses could result from the granting of a severance, the maintenance and protection of exiting or future agricultural uses shall be favoured;
Severance for non-farm residential uses shall generally not be permitted on good agricultural land; and
Regard shall be had for the relevant Minimum Distance Separation Formula (e) of the Agricultural Code of Practice.

In preliminary discussions with the applicant, staff expressed concern that the proposed severance may set a precedent allowing other lands in Markham that are designated Agriculture to be further severed, which may hinder or jeopardize the viable operation of agriculture in the Town. To address this concern, the applicant has submitted an Official Plan Amendment application in order to establish, in policy terms, the unique nature of the proposed severance. The intention of this amendment is to ensure that the proposed severance and accompanying rezoning application to reduce lot area and lot frontage requirements for the severed parcel (see zoning discussion below) cannot be used as a precedent for other applicants that could have the effect of fragmenting the agricultural base or taking agricultural land out of production. Furthermore, the existing Agricultural One designation will be retained on both the severed and retained parcels and the lands will continue to be used for agricultural purposes.

The subject lands are presently zoned Agriculture One (A1) under By-law 304-87, as amended. The current zoning permits agricultural, storage or agricultural produce, seasonal vegetable or fruit stands, one single family detached dwelling as an accessory use, home occupations, private home day cares and public conservation projects.

The By-law requires a minimum lot area of 10 hectares (24.7 acres) and a minimum lot frontage of 120 metres (393.7 feet). A rezoning application has been submitted to vary the minimum lot area and lot frontage provisions for the severed lot. The applicant is requesting the minimum lot area be reduced from 10 hectares (24.7 acres) to 2.8 hectares (6.9 acres), and minimum lot frontage be reduced from 120 metres (393.7 feet) to 30 metres (94.4 feet). The retained parcel will have a lot area of 15.3 hectares (37.8 acres) and a lot frontage of 373 metres (1,223.8 feet), which would comply with the By-law requirements.

Minister’s Zoning Order Amendment

The site is subject to Minister’s Zoning Order 104/72, as amended. The effect of the Order is generally to restrict the use of the lands to agricultural uses and associated buildings, including a residence. The Minister’s Zoning Order requires a minimum lot frontage of 183 metres (600 feet) for agricultural uses and buildings, and accessory structures. The applicant has filed an application to the Ministry of Municipal Affairs to reduce the minimum required lot frontage for the severed lot from 183 metres (600 feet) to 30 metres (100 feet).

Potential Benefits of Approval of the Proposal:

This proposal would provide the following benefits:

Allow the conveyance of land to a charitable organization so that it might be utilized for a seniors’ facility serving the residents of Markham and York Region if and when the subject lands have been brought into the urban boundary along with the extension of municipal services to the lands.

Concerns/Issues to be resolved

The following is a brief summary of concerns/issues raised to-date. These matters, and any other identified through the circulation and detailed review of the proposal, can be addressed in a final staff report to be presented to Committee at a later date.

Ensure the proposed severance complies with the Provincial Growth Plan.
Must ensure that this proposal does not set a precedent allowing other lands in Markham that are designated Agriculture to be further severed, which may hinder or jeopardize the operation of agriculture in the Town.
The long term nature of the intended development, and the interim use for agriculture, will need to be explained in the Official Plan Amendment as the basis and non-precedent setting aspect of the severance of lands in the rural area.
Obtain approval from the Ministry of Municipal Affairs and Housing to amend the Minister’s Zoning Order to permit a reduced lot frontage for agricultural uses.

Public Meeting is recommended

It is recommended that a Public Meeting be held to obtain public input with respect to the Official Plan and Zoning By-law Amendment applications once staff is satisfied that the concerns/issues raised in this report can be satisfactorily addressed.

ENVIRONMENTAL CONSIDERATIONS:

There is no significant vegetation or natural features on the property.

ACCESSIBILITY CONSIDERATIONS:

Not Applicable

ENGAGE 21^ST CONSIDERATIONS:

The proposal is consistent with Markham’s Community vision of supporting a range of housing types to meet the needs and expectations of different age groups.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to various Town departments and external agencies and is currently under review. Requirements of the Town and external agencies will be addressed in a final report.

RECOMMENDED BY:

__________________________________ ________________________________

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

Director of Planning and Urban Design Commissioner, Development Services