EXPLANATORY NOTE

TO BY-LAW ___________

A by-law to amend By-law 177-96, as amended

 

Town of Markham

83 Old Kennedy Road

Milliken Main Street Secondary Plan Area (Risebrough Planning District No. 2)

 

LANDS AFFECTED

This proposed by-law amendment applies to 0.67 hectares (1.66 acres) of land within the Milliken Main Street Secondary Plan area of the Risebrough Planning District, municipally known as 83 Old Kennedy Road. 

 

EXISTING ZONING

The lands subject to this By-law are presently zoned for commercial uses under By-law 47-85, as amended.

 

PURPOSE AND EFFECT OF BY-LAW

The purpose and effect of the zoning by-law amendment is to permit the development of a townhouse and mixed-use development, containing 22 street townhouses along a new public road and 4 mixed-use units fronting Old Kennedy Road. 

        


(DRAFT)

A By-law to amend By-law 177-96, as amended

A by-law to…..

 

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS:

 

1                    THAT By-law 177-96, as amended, is hereby further amended, as follows:

 

1.1              The designated area of By-law 177-96, as amended, is expanded to include those lands outlined on Schedule ‘A’ attached hereto.

 

1.2       By zoning the lands:

 

·        Residential Two *311 (R2*311) 

·        Community Amenity One 312 (Hold)  [CA1*312 (H)]

 

1.3      By adding the following new subsections to Section 7 – EXCEPTIONS, to By-law 177-96:

 

7.311      TOWNHOUSE DEVELOPMENT ON A NEW PUBLIC ROAD

 

Notwithstanding any other provision of this By-law, the provisions in this Section shall apply only to those lands denoted by the symbol *311 on the Schedules to this By-law, formerly known municipally as 83 Old Kennedy Road.  All other provisions, unless specifically modified/amended by this Section, continue to apply to the lands subject to this Section.

 

7.311.1   Only Uses Permitted

 

The following uses are the only uses permitted:

 

a)      townhouse dwellings

b)      home occupations

c)      private home daycare

 

 

7.311.2  Zone Standards

 

a)   The following specific zone standards shall apply:

 

i)      minimum lot frontage – 6.0m per unit on an interior lot, 7.5m per end unit on an interior lot, and 8.4m per end unit on a corner lot

ii)     minimum required front yard – 3.0m

iii)    maximum driveway width – 3.5m

iv)    maximum width of a private garage – 3.5m

v)     minimum required exterior side yard – 2.4m

vi)    minimum required interior side yard – 0.0m for interior units, and 1.5m for end units

vii)     minimum required rear yard - 6.0m, except that the minimum required rear yard above the first storey is 7.5m

viii) maximum height – 12.0m

           

 

7.311.3   Special Site Provisions      

 

a)    The following additional provisions apply to dwellings units:

 

i)        The wall of the first storey of the main building or porch facing the front lot line shall not be located more than 1.5m farther from the front lot line than the wall of the attached private garage facing the front lot line.

ii)       The wall of an attached private garage that contains the opening for motor vehicle access shall be set back a minimum of 5.8m from the lot line the driveway crosses to access the attached private garage.

 

 

7.312      MIXED-USE DEVELOPMENT ON OLD KENNEDY ROAD

 

Notwithstanding any other provision of this By-law, the provisions in this Section shall apply only to those lands denoted by the symbol *312 on the Schedules to this By-law, formerly known municipally as 83 Old Kennedy Road. All other provisions, unless specifically modified/amended by this Section, continue to apply to the lands subject to this Section.

 

7.312.1   Only Uses Permitted

 

The following uses are the only uses permitted:

 

a)      multiple dwellings

b)      apartment dwellings

c)       home occupations

d)      private home daycare

e)      art galleries

f)       business offices

g)      community centres

h)      commercial fitness centres

i)        financial institutions

j)       libraries

k)      non-profit fitness centres

l)        personal service shops

m)    repair shops

n)      restaurants, take-out

o)      restaurants

p)      retail stores

q)      schools, commercial

r)       public transit system

s)       transit stations

 

7.312.2  Zone Standards

           

a)   The following specific zone standards shall apply:

 

i)    minimum required yard from the Old Kennedy Road streetline – 1.0m

ii)   minimum height -

iii)   maximum height – 12.0m

iii)   minimum required exterior side yard – 1.0m

iv)  minimum required interior side yard – 1.0m

v)   maximum floor space index – 1.25

 

7.312.3   Special Site Provisions      

 

a)    The following additional provisions apply:

 

i)        Dwelling units are not permitted within the first storey of buildings.

ii) The establishment of a drive-through service facility is not permitted.

 

 

1.4       HOLDING PROVISIONS

 

For the purposes of this By-law, Holding (H) Zones are hereby established and are identified on Schedule ‘A’ attached hereto by the zone symbol followed by the letter H in parenthesis.

 

1.4.1       The Hold (H) provision shall not be removed until the following conditions have been met:

 

a)      Execution of a site plan agreement;

 

b)      The Town is satisfied that adequate water and sanitary facilities and stormwater management facilities are available to service the subject lands;

 

c)   The Town has been satisfied that land for required road rights-of-way, open space and other community facilities has been secured;

 

d)   The Town is satisfied that the lands proposed to be released for development can be adequately served by the existing and committed transportation network without adverse impact on the road system or to other committed development;

 

e)   A Development Charges By-law has been enacted, or the Town Solicitor has confirmed a satisfactory arrangement for the payment to the Town by the landowner(s), without recourse, of an amount equal to the applicable development charges has been made; and 

 

f)    The Town is satisfied that arrangements have been made, through a Developers Group or alternative agreement, to address the sharing of common costs of development not dealt with under a Development Charges By-law.

 

2.         All other provisions of By-law 177-96, as amended, not inconsistent with the provisions of this By-law, shall continue to apply.