Report to: Development Services Committee Date of Meeting: June 6, 2006

SUBJECT: RECOMMENDATION REPORT

Applications for Official Plan Amendment to redesignate from “Public Open Space” to “Medium Density Housing” and for a Temporary Use Zoning By-law to permit existing businesses with related outdoor storage

Deborah & Robert Tiberio

196 & 198 Langstaff Road E, Thornhill

OP 06 106489 & ZA 06 106493

PREPARED BY: Sabrina Bordone, West District Planner, ext. 8230

RECOMMENDATION:

THAT the staff report entitled “Applications for Official Plan Amendment to redesignate from “Public Open Space” to “Medium Density Housing” and for a Temporary Use Zoning By-law to permit existing businesses with related outdoor storage, Deborah & Robert Tiberio, 196 & 198 Langstaff Road E, Thornhill, OP 06 106489 & ZA 06 106493”, be received;

AND THAT the application for an Official Plan Amendment (OP 06 106489) to redesignate the lands at 196 & 198 Langstaff Road E. from “Public Open Space” to “Medium Density Housing” be referred back to Staff for consideration within the context of the Langstaff Land Use Study;

AND THAT the application for a Temporary Use Zoning By-law to permit existing businesses with related outdoor storage (ZA 06 106493) be refused;

AND THAT By-law Enforcement take action to ensure that these properties are brought into conformity with the existing zoning.

EXECUTIVE SUMMARY:

The applications are for an Official Plan Amendment to redesignate the subject lands from “Public Open Space” to “Medium Density Housing” and for a Temporary Use Zoning By-law to permit an existing pool installation company, roof installation company and general contracting/landscaping business. It is recommended that the application for an Official Plan Amendment be referred back to Staff and that the application for the Temporary Use Zoning By-law be refused for the following reasons:

1) Applications that do not conform to current Official Plan and Secondary Plan Policies are considered premature until the Langstaff Land Use Study is completed and recommendations are adopted by Council.

2) The proposed zoning amendment to permit the existing pool installation company, roof installation company and general contracting/landscaping business as temporary uses on the subject lands do not comply with the temporary use criteria set out in the Official Plan and Thornhill Secondary Plan as follows:

i) The existing businesses are not compatible with surrounding residential uses in this part of the Langstaff community [adjacent parcels are zoned Residential (R1)]. Adequate protection is not afforded to existing neighbouring residences either in terms of the visual impacts from the outdoor storage of trucks and trailers, building materials, construction equipment, bricks and skids, or from the noise impacts from the inevitable activity of trucks and equipment vehicles arriving and leaving the site. The use is eroding the residential character of the area.

ii) The developments have entailed investments and alterations to the subject properties, both of which are not permitted for temporary uses by the Markham Official Plan and the Thornhill Secondary Plan. The applicants have been operating the existing pool installation company, roof installation company and general contracting/landscaping business at this location for approximately five years without the requisite Town approvals. The developments on the subject properties are unlawful, inappropriate and contrary to the criteria for temporary uses.

iii) The unlawful developments have contributed to a general proliferation of illegal outdoor storage uses in the area. The proposal is not consistent with the Town’s objectives for improvement and redevelopment of the area, and is contrary to the Official Plan and Secondary Plan.

FINANCIAL CONSIDERATIONS:

No direct financial impacts on the Town have been identified at this time.

Property and Area Context

The subject properties are situated on the east side of Langstaff Road E, which is south of Highway 407 and west of Bayview Avenue. The subject properties are municipally identified as 196 and 198 Langstaff Road E and are situated within the Thornhill Secondary Plan Area (Figure 1).

The subject properties are located adjacent to one another, with 196 Langstaff Road E situated immediately north of 198 Langstaff Road E. 196 Langstaff Road E has a lot frontage of approximately 33.53 metres (110 ft) and has a lot area of approximately 0.11 ha (0.27 ac). 198 Langstaff Road E has a lot frontage of approximately 21.57 metres (70.77 ft) and has a lot area of approximately 0.22 ha (0.54 ac). Both properties currently support existing dwellings, which have been converted for office purposes. A 1 ½ storey dwelling is situated on 196 Langstaff Road E and a single-storey dwelling is situated on 198 Langstaff Road E (Figure 2). The subject properties are currently being used for the operation of a pool installation company (196 Langstaff Road E), a roof installation company and a general contracting/landscaping business (198 Langstaff Road E). The rear yards of both properties are currently being used for the outdoor storage of trucks and trailers, which support the existing businesses, as well as building materials, construction equipment, bricks and skids.

The owners are applying for an Official Plan Amendment to redesignate the subject lands from “Public Open Space” to “Medium Density Housing” and for a Temporary Use Zoning By-law to legally permit the operation of the existing illegal businesses and related outdoor storage. Property records indicate that the applicants purchased the properties in December 2002 (196 Langstaff Road E) and in July 2001 (198 Langstaff Road E). The applicants have advised that the pool installation company has been operating out of 196 Langstaff Road E since 2002 and that the roof installation company and general contracting/landscaping business have been operating out of 198 Langstaff Road E since 2002 and 2001 respectively.

Adjoining the subject lands are:

· Highway 407 to the north;

· A single detached dwelling that is being used for residential purposes to the south;

· Bayview Avenue to the east;

· Residential properties that were once used for the purposes of outdoor motor storage, but which have since complied with the direction of By-law Enforcement.

By-law Enforcement Program

The Town’s By-law Enforcement Department is currently implementing a program to review the uses operating in the Langstaff Area. The implementation of this program has resulted in orders to comply being issued on the subject property, as well as properties situated within close proximity, including 3 & 5 Essex Avenue, 196, 197, 198, 199, 201, 203, 205 and 206 Langstaff Road E. The intent of this program is to bring properties into conformity with the zoning by-law. In many cases, properties situated in the Langstaff Area that are currently zoned Rural Industrial (R.IND) and Residential (R1) are being used for either the outdoor storage of vehicles or as contractor’s yards. While a number of property owners have recently brought forward temporary rezoning applications to permit non-conforming uses, Council has been consistent in refusing these. The most recent application, submitted by the owners of 21 Essex Avenue, was seeking temporary use zoning to permit a landscaping and snow removal business on lands currently zoned Rural Industrial with a holding provision [(H)R.IND.]. This application was recommended for refusal by the Development Services Committee at their February 21, 2006 meeting, and was refused by Council on February 28, 2006.

Proposal is for an Official Plan Amendment and Temporary Use Permission

The applicants have applied for an Official Plan Amendment to redesignate the subject lands to “Medium Density Housing”. In their submission to the Town, the applicants advise that the purpose of their application is to provide additional information to the Town regarding the subject lands, to request that the subject lands be considered for the purposes of development, and to consider redesignating the subject lands to “Medium Density Housing”.

The applicants are also proposing to amend the Zoning By-law to temporarily permit the operation of the existing businesses and associated outdoor storage of trucks and trailers, building materials, construction equipment, bricks and skids. The existing dwellings situated on the subject lands were constructed in 1929 (196 Langstaff Road E) and 1950 (198 Langstaff Road E) for the purposes of residential dwellings and are currently being used to carry out the functions associated with the existing businesses.

Official Plan

The subject properties are designated “Urban Residential” in the Official Plan, with a portion of 198 Langstaff Road E. designated “Environmental Protection Area”. The Thornhill Secondary Plan designates these properties as “Public Open Space” and identifies the subject properties as being situated within the Langstaff Redevelopment Area, as outlined in Section 14.1, which details the policies for lands within this area. Lands designated “Public Open Space” are intended for conservation and outdoor recreation purposes. This designation applies to a significant portion of the properties located on the east side of Langstaff Road E, with the Langstaff woodlot being designated “Public Open Space – Environmentally Significant”.

Industrial or commercial uses and open storage are not provided for in the “Urban Residential”, “Environmental Protection Area”, or “Public Open Space” designations. However, both the Official Plan and Thornhill Secondary Plan include policies to provide for uses that do not conform, on a temporary basis, provided the proposed uses meet the conditions identified in section 7.3 e) of the Official Plan and section 14.3 of the Thornhill Secondary Plan.

Staff are undertaking review of Secondary Plan policies in the Langstaff Area

The Langstaff Land Use Study is underway. Phase one of the study is almost complete and all phases are anticipated to be completed early in 2007. The purpose of this study is to review the appropriateness of the current designations set out in the Thornhill Secondary Plan, in light of development trends over the past decade and recent proposals.

The Langstaff Land Use Study will also address incoming proposals for high density residential uses (both east and west of the GO Transit Railway Line). Incoming development applications should be considered in the context of the Study. The Study may recommend changes to the existing Langstaff designations and/or policies as set out in the Thornhill Secondary Plan and the Official Plan (Revised 1987), and will establish the framework for considering development applications. The Phase One Study (Options Review) is nearing completion and is to be discussed at Part ‘A’ of Development Services Committee on June 6, 2006.

Zoning

196 Langstaff Road E is currently zoned Rural Industrial with a holding provision [(H)R.IND] by by-law 2551, as amended, which does not permit the open storage of construction equipment and building materials and the associated pool installation office.

Permitted uses under this zone category include manufacturing, processing, packaging, bottling, printing, repairing or warehousing, which are conducted wholly within enclosed buildings and which are not dangerous, obnoxious, or require municipal water supply or municipal sanitary sewers. Offices are permitted under this zone, but only after the holding zone provision has been removed by by-law amendment. The open storage of construction equipment and building materials, such as that currently on site, is however, strictly prohibited.

198 Langstaff Road E is currently zoned Residential (R1) by by-law 2551, as amended, which similarly does not permit the open storage of construction equipment and building materials, or the associated roof installation and general contracting/landscaping businesses. The only uses permitted under this zone category are: one-single family detached dwelling, place of worship, elementary school, parks, and public utilities. The open storage of construction equipment and building materials, as well as offices, such as those currently operating on site, are strictly prohibited under this zone category.

An amendment to the zoning by-law is being requested to allow for the operation of a pool installation company, a roof installation company, and a general contracting/landscaping business, with associated outdoor storage on the subject properties for a temporary basis (Figure 4).

As set out in both the Town of Markham Official Plan and the Thornhill Secondary Plan, a temporary use by-law may be enacted to allow a use that is not provided for by the Official Plan, provided that it meets the conditions identified in Section 7.3 e) of the Official Plan and Section 14.3 c) of the Thornhill Secondary Plan.

Town of Markham Official Plan

Section 7.3 (e) of the Town of Markham Official Plan establishes the following conditions for permitting temporary uses:

Council may pass by-laws to authorize the temporary use of land, buildings or structures for an appropriate purpose that is not permitted under the land use designation as shown on Schedule “A” – LAND USE, for a period of up to three years.

The proposal is not an appropriate use for the land, buildings or structures on the subject properties. The subject properties are designated “Urban Residential” in the Official Plan, with a portion of 198 Langstaff Road E, which is designated “Environmental Protection Area”. The establishment of these uses conflicts with policies outlined for the “Urban Residential” and “Environmental Protection Area” designations, which provide for residential and recreational uses on these lands.

Council, when enacting a Zoning By-law permitting a temporary use, shall require that the proposed use is of a temporary nature and shall not entail any major construction or investment on the part of the owner so that the owner will not experience undue hardship in reverting to the original use upon the termination of the temporary use provisions. Requirements may be made in the By-law for provisions to restore buildings, sites, structures or uses to those in effect before enactment of the By-law.

The subject businesses, which have been in continuous operation at the subject properties since 2001 and 2002 do not meet this test. The entire rear yards of the subject properties have been surfaced with gravel to allow for the storage and movement of trucks and equipment vehicles, which support the existing businesses, as well as building materials, bricks and skids. Staff are also concerned that a significant amount of vegetation has been removed from the subject property over the years to allow for the open storage of materials, equipment, vehicles and trailers in the rear yard of the subject property. Together with the long-term operation of the businesses on the subject sites, these actions represent a significant investment, which does not comply with the intent of a “temporary” use as set out in the Official Plan.

iii. Council may extend a Zoning By-law permitting a temporary use for further periods of up to three (3) years each, in accordance with the provisions of the Planning Act, R.S.O. 1990, c. P. 13, provided such extension does not jeopardize the long term development intentions for the subject lands/area as specified in this Plan.

This is the first time that a by-law would be passed on the subject lands and as such this provision does not apply. However, permission, even for a first 3 year period will legally establish the use and could jeopardize the long term redevelopment possibilities for the subject properties.

Secondary Plan

The Thornhill Secondary Plan expands on the Official Plan polices (Section 14.3 c). This section identifies certain tests against which an application for temporary use should be evaluated:

i) “Not disruptive to neighbouring property owners and the general area...”

To ensure that the temporary use is compatible with the surrounding neighbourhood, the Secondary Plan requires that the use should not be disruptive to the neighbouring property owners. Visual impacts, noise, dust, parking and traffic, amongst other nuisance factors, are of particular concern. Staff are of the opinion that the subject businesses are not compatible, benign, or neutral interim temporary uses in relation to the residential uses surrounding the subject properties. The measures provided to screen the subject properties from adjacent properties do not adequately address the negative impacts of the truck traffic and outdoor storage. These mitigative measures include a board fence along a portion of the southern property line, and a chain link fence along the northern property line. Visual impacts from the open storage of trucks and trailers, building materials, construction equipment, bricks and skids, are poorly screened and noise impacts from the inevitable activity of vehicles arriving and leaving the subject properties are not adequately abated. Surrounding properties are zoned R1 (Residential) and there are a number of occupied dwellings in the general area. Therefore, staff concludes that the operation of the pool installation company, roof installation company and general contracting/landscaping business on the subject lands is not compatible with the adjacent residential uses, nor can it be made compatible through mitigative measures.

ii) “Any new buildings and site improvements should be temporary and minimal in nature”.

The subject properties currently support a 1 ½ storey dwelling (196 Langstaff Road E) and a single-storey dwelling (198 Langstaff Road E), which have been converted to serve as offices for the existing businesses. Although the owner proposes no further buildings on the site at this time, significant alterations to the site have been made including the removal of trees and vegetation, the resurfacing of the rear yard with gravel, and the installation of fencing along portions of the perimeter. These modifications have resulted in significantly changing the character of the subject properties.

iii) “Existing, significant vegetation should not be removed to accommodate temporary uses”.

This policy is included in the Thornhill Secondary Plan in order to protect the natural environment. It is evident by examining aerial photos from 1995 and 1999 (Figures 5 and 6), that a significant number of mature trees located on the subject property have been removed to provide additional storage area in the rear yards of the subject properties. The applicants have submitted a Preliminary Forest Resources Assessment Report, which concludes that the Langstaff woodlot did not extend as far north as 196 and 198 Langstaff Road E. While staff are aware of the fact the applicants purchased the subject properties after the removal of the trees, this has had a significant impact on the vegetative community that was once present. The rear yards of both properties have been surfaced with gravel to accommodate the movements of motor vehicles and to contain the open storage of trucks and trailers, building materials, construction equipment, bricks and skids. There is currently no vegetation, and very minimal landscaping, provided on-site.

iv) “Uses that require upgrading of existing municipal services should not be considered in the context of temporary uses”.

There are no municipal services to be constructed or improved.

v) “Generally, extensive paving of parking facilities should not be essential or necessary to accommodate a temporary use”.

Both properties have been surfaced with gravel in order to accommodate truck traffic to the rear of the site, as well as the storage of trucks and trailers, building materials, construction equipment, bricks and skids. This type of use would normally require some treatment such as asphalt or similar construction in order to reduce dust and dirt from travelling off site. This conflicts with the above policy of the Secondary plan.

CONCLUSION:

Based on this analysis, staff are of the opinion that the application for an Official Plan Amendment to redesignate the subject lands from “Public Open Space” to “Medium Density Housing” should be referred back to staff for consideration within the context of the Langstaff Land Use Study. Applications that do not conform to current Official Plan and Secondary Plan Policies are considered premature until the Langstaff Land Use Study is completed and recommendations are adopted by Council.

Staff are also of the opinion that the application for the Temporary Use Zoning By-law to permit the existing businesses with related outdoor storage be refused for the following reasons:

1) The proposed zoning amendment to permit the existing pool installation company, roof installation company and general contracting/landscaping business as temporary uses on the subject lands do not comply with the temporary use criteria set out in the Official Plan and Thornhill Secondary Plan as follows:

i) The existing businesses are not compatible with surrounding residential uses in this part of the Langstaff community [adjacent parcels are zoned Residential (R1)]. Adequate protection is not afforded to existing neighbouring residences either in terms of the visual impacts from the outdoor storage of trucks and trailers, building materials, construction equipment, bricks and skids, or from the noise impacts from the inevitable activity of trucks and equipment vehicles entering and leaving the site. The use is eroding the residential character of the area.

ii) The developments have entailed investments and alterations to the subject properties, both of which are not permitted for temporary uses by the Markham Official Plan and the Thornhill Secondary Plan. The applicants have been operating the existing pool installation company, roof installation company, and general contracting/landscaping business for quite some time now without the requisite Town approvals. The developments on the subject property are unlawful, inappropriate and contrary to the criteria for temporary uses.

ENVIRONMENTAL CONSIDERATIONS:

No direct financial impacts on the Town have been identified at this time.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

Not applicable.

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been circulated to various Town departments and external agencies and are currently under review.

RECOMMENDED

BY: ________________________ ________________________

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

Director, Planning & Urban Design Commissioner, Development

Services

DOCUMENT FILE PATH:

AMANDA/OP 06 106489/DOCUMENTS/EXECUTIVE SUMMARY REPORT TEMPLATE