	REPORT TO DEVELOPMENT SERVICES COMMITTEE


TO:	Mayor and Members of Council

FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design

PREPARED BY:	Anna Henriques, Planner, ext. 7922 Markham Centre Development Team

DATE OF MEETING:	March 7, 2006

SUBJECT:	PRELIMINARY REPORT Rocco and Dora Cuoppolo Application to amend the zoning by-law to permit 2 residential lots 20 River Bend Road ZA-05-027077

RECOMMENDATION:

That the staff report entitled: “Preliminary Report: Rocco and Dora Cuoppolo. Application to amend the zoning by-law to permit 2 residential lots, 20 River Bend Road (ZA 05-027077) be received;

And that a Public Meeting be held to consider the zoning amendment application (ZA 05-027077), once a site plan has been submitted demonstrating the surveyed top of bank and an associated appropriate buffer to the satisfaction of the Town and the TRCA.

PURPOSE:

The purpose of this report is to provide preliminary information regarding an application submitted by Rocco and Dora Cuoppolo for a zoning by-law amendment at 20 River Bend Road and to recommend that a statutory Public meeting be held to consider this application.

BACKGROUND

The subject property is located at 20 River Bend Road, south of Highway 7 and west of McCowan Road. (Figure 1) The property is bounded to the north by the Rouge River and to the east, west and south, across River Bend Road, by single detached homes.

The property has a frontage of approximately 30.48m (100ft) and a lot area of approximately 0.2 hectares (0.5 acres). There is a detached brick single storey residential dwelling on the property as well as several mature trees.

The property is situated within the Sabiston/Oakcrest community. The area consists primarily of lots with frontages generally ranging from 25.8 m (85 ft) to 68.5m (225 ft) and lot areas of approximately 0.32 acres to 3.4 acres. There have been past zoning amendments and severances on River Bend Road that permitted and created lots with frontages of 19.3m (63.3ft), adjacent to the subject property, at 32 and 34 River Bend (formerly 18 River Bend), frontages of 21.48m (70.5 ft) just east of the site at 56, 58 and 60 River Bend (Formerly 28 River Bend) and frontages of 15.29 m (50.16 ft) at 62, 64 and 66 River Bend (formerly 30 River Bend).

OPTIONS/DISCUSSION:

Proposal to create 2 new lots

The applicant has requested a zoning by-law amendment to accommodate a severance for the creation of two new lots and the subsequent construction of two new single detached one storey dwellings. The proposed lots would have frontages of approximately 15.24m (50ft) and lot areas of approximately 0.07 hectares (0.19 acres). The applicant will be submitting an application for a severance once a decision from Council has been made with respect to the rezoning application.

Proposal is consistent with Official Plan

The front portion of the property is designated as ‘Urban Residential’ in the Official Plan. The proposed development is consistent with “Urban Residential’ and land severance policies in the Official Plan.

The rear portion of the property is designated as ‘Hazard Lands’ in the Official Plan which reflects the area of the lot in close proximity to the Rouge River. The proposed development is consistent with the ‘Hazard Lands’ policies as the proposed dwellings will not be located within the Hazard Lands area.

A portion of the lands are also designated as ‘Special Policy Area’ in the Official Plan. A special policy area is an area of land, located within a floodplain, on which there is existing development that forms an integral part of an existing flood prone community. Approval of the proposed development is conditional upon flood proofing measures satisfactory to the Toronto and Region Conservation Authority, in consultation with the Town.

Zoning By-law amendment required

The front portion of the subject property is zoned RRH, Single Family Rural Residential, pursuant to by-law 122-72 as amended. This zone category permits lots with minimum frontages of 30.48m (100 feet) and minimum lot areas of 0.2 hectares (0.5 acres). The rear portion of the property is zoned O1, Open Space, pursuant to by-law 122-72 as amended. The applicant has requested that the developable front portion of the property be rezoned to R3, Single Detached Residential, pursuant to by-law 122-72 as amended, to accommodate the proposed two detached dwellings. This zone category permits lots with minimum frontages of 18.29 metres (60 feet) and minimum lot areas of 0.07 hectares (0.17 acres) where lots are serviced by municipal sewers. Additional relief to the R3 frontage requirements of the By-law will be required in conjunction with the proposal. The existing O1 zoning will remain at the rear of the property, however the exact boundary may be refined in consultation with the TRCA.

Conveyance of valleylands to the Town

The property currently extends to the northern edge of the Rouge River. Consistent with Official Plan policies, the applicant will be required to convey the Rouge River and associated valleylands and buffer to the Town as a condition of severance approval. This request for conveyance of valleylands and associated environmental buffer is consistent with the policies of the Town’s Official Plan. Previously approved severances by the Committee of Adjustment for 18 River Bend and 28 River Bend required, as a condition of severance, that the applicant convey the Hazard Lands (lands from the top-of-bank to the river) plus a 5 metre buffer, as suggested by an Environmental Impact Study (EIS), to the Town.

TRCA approval required

The proposal has been circulated to the TRCA for review and approval. The TRCA has requested that consideration of the application be deferred until the applicant has arranged for a site visit with the TRCA to stake the top of bank and appropriate buffer to then be surveyed and shown on the proposed site plan. The TRCA further requests an opportunity to review the proposed new development standards prior to the enactment of the zoning by-law amendment. Town staff will confirm with the TRCA the exact boundary of the SPA on the property and whether an EIS study will be required for the proposed development.

Upon submission of a site plan indicating the surveyed top of bank and associated appropriate buffer, staff will proceed with a Public Meeting for consideration of this application.

Site plan approval required

A Site Plan application will be required to address concerns including, but not limited to, tree preservation, conveyance of the valleylands, proposed elevations and built form.

ISSUES/CONCERNS TO BE ADDRESSED:

Interface with valley and buffer
Dwelling siting and relationship with adjacent homes
Proposed 50 foot lots may set a precedent in the area
Appropriate zoning standards
Tree preservation
Municipal sewer connection

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

Proposed development is consistent with Official plan policies
Conveyance of valleylands and associated buffer to the Town

FINANCIAL CONSIDERATIONS:

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

The subject lands extend north to the edge of the Rouge River. As a condition of any severance approval, the applicant will be required to convey the valleylands and an associated appropriate buffer to the Town.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to the appropriate internal departments and external agencies

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context and Zoning

Figure 3 – Aerial Photograph

Figure 4 – Proposed Site Plan

Figure 5 - Proposed Elevations

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