Report to: Development Services Committee                  Date
of Meeting:  September 19, 2006

SUBJECT:                          RECOMMENDATION
REPORT

Application
for Temporary Use Zoning By-law Amendment to Permit Offices, Contractor Yards
and Outdoor Storage of New Vehicles

Cosini
Properties Inc.

139 Langstaff Road East,
Thornhill

File
Number:  ZA 06-120174

PREPARED BY:               Doris Cheng, Planner II-West District, extension. 2331

RECOMMENDATION:

THAT the staff report entitled “Application for
Temporary Use Zoning By-law Amendment to Permit Offices, Contractor Yards and Outdoor
Storage of New Vehicles, 139 Langstaff Road, Thornhill, File Number:  ZA 06-120174”, be received.

AND
THAT the application as submitted by Cosini Properties Inc. (ZA
06-120174), be
refused.

AND
THAT By-law Enforcement take action to ensure the property is brought into
conformity with the existing zoning.

EXECUTIVE SUMMARY:

The application is for a Temporary Use Zoning
By-law Amendment to permit offices, contractor yards and outdoor storage of new vehicles in a Rural Industrial zone with a
holding provision [(H)R.IND.]. It is recommended that
this application be refused for the following reasons:

1)      The proposed zoning amendment to
permit offices,
contractor yards and outdoor storage of new vehicles as a temporary use does not comply with the
temporary use criteria set out in the Official Plan and Thornhill Secondary
Plan as follows:

i.          The
subject lands are adjacent to similar uses which are also operating without the
requisite Town approvals.  The
outdoor storage of vehicles with no associated business on the same lot only adds to the general proliferation of this undesirable use
and the decline of a
once predominantly residential neighbourhood.  Legitimizing the use through a temporary
use by-law would further jeopardize the future redevelopment of the area and
further legitimize the surrounding illegal uses.

ii.          The
existing uses on the property are unlawful, inappropriate and contrary to the
criteria for temporary uses.  Significant
physical changes and financial investment to the property have been undertaken
to accommodate the requested uses on the property.

iii.
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.

2)      The application does not
conform to the current provisions and intent of the Official Plan or Secondary
Plan Policies and the application is considered premature until the Langstaff
Use Study is completed and recommendations are adopted by Council.

FINANCIAL CONSIDERATIONS:

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

1.
Purpose                2. Background         3. Discussion             4.
Financial         5. Environmental

6. Accessibility       7. Engage 21st             8. Affected Units       9. Attachment(s)

PURPOSE:

The purpose of this report is to
provide information regarding applications submitted by Cosini Properties Inc.
for a Temporary Use Zoning By-law for 139
Langstaff Road East, within the Thornhill
Secondary Plan Area.

BACKGROUND:

Property and Area Context

The
subject property is situated on the south side of Langstaff Road East, east of Cedar Avenue and
the GO railway line, west of Essex
Avenue, and north of the Holy Cross Cemetery.  The subject property is municipally
identified as 139 Langstaff Road
East and is situated within the Thornhill
Secondary Plan Area (Figure 1).

The
subject property has a lot frontage of 33.22 metres (108.99 feet) and a lot
area of approximately 0.405 hectares (1.00 acre).  The site currently supports a one-storey
(972 ft²) building which was constructed in 1932 as a residential dwelling.  This residential building is currently vacant
and in disrepair.  The front of the property,
the side yards and the rear of the property has been fenced off with a 6 foot chain
link fence.  The property in its
entirety has been stripped of all soil and vegetation and is covered with
compacted gravel and asphalt grindings.
The rear of the property is separately fenced off and is being used for
the outdoor storage of new vehicles.
The only vegetation on the site is within the road right of way within
the drainage ditch, the side property line which has a few mature trees, and shrub
planting at the base of the vacant building.

The application is for a Temporary Use Zoning
By-law Amendment to legally permit the operation of offices, a
contractor’s business and the outdoor storage of new vehicles.  Information at the Land Registry Office
indicates that the subject property was purchased in December 2003 and the site
is now used to store new vehicles.  Adjoining
the subject lands are:

To the north, Highway 407;

To the north west, a GO Transit parking lot;

To the south, Italdoor manufacturing
company (23 Essex and 131 Langstaff);

To the west, a single detached dwelling
that is currently being used as the offices for Faga concrete contractor
(137 Langstaff), Stone Mountain Railing
(135 Langstaff) and Toronto Fence and Deck (133 Langstaff);

To the east, Bruce Stewart Enterprises
commercial warehousing within a building built in 1988 (143-145 Langstaff),
Royfoss wholesale and vehicle storage (147 Langstaff), and Platinum
Contractors (153 Langstaff).

The Town is implementing a By-law Enforcement Program

The
Town’s By-law Enforcement Department is currently implementing a program
to review the uses operating in the Langstaff Redevelopment 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 Ave, 196,
197, 198, 199, 201, 203, 205 and 206 Langstaff Rd East.  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),  Rural Industrial with a holding
provision [(H) R.IND.] or Residential (R1) are being used for either the
outdoor storage of vehicles or as contractor yards.  While a number of property owners have
recently brought forward applications for a temporary use to permit
non-conforming uses, Council has been consistent in refusing the applications.  The most recent application, submitted
by the owner of 196 and 198
Langstaff Road East, was seeking temporary use
zoning to permit a landscaping and snow removal business on lands currently
zoned Residential (R1).  This
application was refused by the Development Services Committee at their June 6, 2006 meeting.

Cosini
Properties Inc. has also submitted Temporary Use By-law Amendment applications
for 195 Langstaff Road East (ZA 06-120219), 201, 203, 205 Langstaff Road East
and 3 and 5 Essex Avenue (ZA 06-120440) which have been circulated and reviewed
by all Town departments and external agencies.

The proposal is for temporary use permissions

The
applicant has requested a temporary by-law to permit the operation of an
office, contractor yard and the outdoor storage of new vehicles.  This would include permitting the
existing one-storey dwelling to be used for office purposes and the rear yard
to be used for the outdoor storage of new vehicles.

Official Plan and Secondary Plan designations

The
subject lands are designated “Urban Residential” in the Official
Plan and are further refined by the Thornhill Secondary Plan to “Medium
Density Housing”.  The subject
property is situated within the Langstaff Redevelopment Area, as identified in
Section 14.1 of the Thornhill Secondary Plan, which details the policies for
lands within this area.  The general
intent of the “Medium Density Housing” designation is to provide
for new residential communities comprised primarily of multiple forms of
residential uses and associated commercial uses.  This designation applies to the lands
located to the east of the CN railway to Bayview Ave, excluding the Langstaff
Woodlot.

Industrial
or commercial uses and storage are not provided for in the Urban Residential or
Medium Density Housing 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 use meets the conditions identified in Section 7.3 e) of
the Official Plan and Section 14.3 of the Thornhill Secondary Plan.

Applicable Zoning By-law

An
amendment to the zoning by-law is being requested to permit offices, contractor
yards and the outdoor storage of new vehicles on a temporary basis (Figure
4).   The current zoning is Rural Industrial with a holding
provision [(H)R.IND.] under By-law 2551, as amended (Figure 2).  This category permits industrial uses, including 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.  Show rooms and offices are also
permitted under the R.IND zone category.
Retail sales, providing that they are accessory to permitted wholesale
outlets and industrial uses conducted on the same premises, are allowed.  Storage of only new goods and materials
is permitted in the rear yard, providing that goods and materials are being
used in conjunction with a permitted rural industrial use.  In instances where the Town has permitted
the outdoor storage of new vehicles, retail sales office has been the primary
use on the lot, with outdoor storage as an accessory use (i.e. car
dealerships).  Staff understand that
the proposed outdoor storage of new vehicles will not be accessory to the
proposed temporary uses (office and contractor yard) and will not comply with
zoning provisions.

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

The Langstaff Land Use Study is
underway.  Phase One has been
completed and recommendations are anticipated in the first quarter of 2007.  The purpose of the study is to review
the appropriateness of the current Retail Warehouse (west of the CNR line) and Medium Density Housing (East of the CNR line) designations set out in the Thornhill
Secondary Plan, in light of development trends over the past decade and recent
proposals including the proposed YRTP transitway improvements, the proposal by
the Region to acquire lands west of the CNR line for a transit works yard, and a
recent proposal for high density residential uses west of the CNR line.  This 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).  Applications that do not conform to
current Official Plan or Secondary Plan Policies are considered premature until
this study has been completed and recommendations adopted by Council.

OPTIONS/ DISCUSSION:

Official Plan Policies

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.
As discussed below, offices, contractor yards and the outdoor storage of
vehicles not associated with a permitted use on the same lot contravene key
criteria established in both of these documents.

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 or structure currently on the
property.  The area is designated
Urban Residential under the Official Plan.
The establishment of this use conflicts with policies outlined for the
Urban Residential designation, which provides for residential uses.  The proliferation of these illegal uses
has resulted in the decline of the area as a viable residential area.  Authorizing the proposed temporary use
would set a precedent and further legitimize similar uses within the Langstaff
Area.

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
proposed temporary use does not meet this condition.  The site has been substantially altered
by changing the topography, stripping all vegetation and replacing the surface with
gravel and asphalt grindings to accommodate the storage of new vehicles.  The building on the property is
currently vacant and in disrepair, and the entire property is fenced with a 6
foot chain link fence and is secured with a padlock across the front of the
property.  It is evident through past
aerial photography that a significant amount of vegetation has also been
removed from the subject property to allow for the storage of vehicles in the
rear yard.  These actions represent
a significant investment and loss of amenity, which does not comply with the
intent of a “temporary” use as set out in the Official Plan and
Thornhill Secondary 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
provision does not apply at this time.
However, permission, even for a first 3 year period will legally
establish the use and may jeopardize the long term redevelopment of the
Langstaff area.

Secondary Plan Policies

The
Thornhill Secondary Plan further 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.

The subject lands are
adjacent to similar uses which are also operating without the requisite
approvals.  While the proposed use
independent of its immediate surrounding context would not necessarily impact
the neighbouring property owners, the cumulative effect of converting these properties
for similar uses encroaches upon the remaining residential uses in the general
vicinity.  Staff believe the proposed
temporary would exacerbate the effects
of undesirable uses and the general decline of a once predominantly residential
neighbourhood.  Permitting the
illegal use through a temporary use by-law would further jeopardize the future
redevelopment of the area and further legitimize the surrounding illegal uses.

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

The property currently supports a vacant, one-storey dwelling
in disrepair.  No improvements to
the building are proposed at this time; however, the site has undergone several alterations to
accommodate the illegal temporary use.
These alterations includes changing the topography, removing all
vegetation, stripping all topsoil from the property, and surfacing the entire
property with  gravel and asphalt
grindings.

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 2001 to 2005 (Figures 3, 5 and 6) that a
significant number of trees were once located on the subject property.  Between 2002 and 2005, the majority of
the trees have been removed to accommodate the vehicle storage area on the
property.   The only remaining
vegetation on site includes a few trees along the south and east property line,
grasses within the boulevard, and a few shrub plantings at the base of the
vacant building.  The property in
its entirety has been surfaced with gravel and asphalt grindings to accommodate the outdoor storage of vehicles.

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 at this time.  However, extensive alterations to the site
and removing all vegetation and surface topsoil have impacted the natural storm
water drainage patterns of the area without Town review or approval.  As a result, the site generates an
increase in surface runoff, erosion, sediment, and dust which will need to be
rectified on a larger scale at the time municipal services are installed.

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

The entire site has been altered and surfaced
with gravel and asphalt grindings to accommodate vehicle storage without the
requisite Town approvals or permits.
Although the owner proposes no significant
changes to the site as a component of this application, The Town of Markham Parking By-law
requires all access driveways to any parking area to be defined by a curb of
concrete or rolled asphalt or edges, defined by a fence, and maintained with a
stable surface which is treated to prevent dust or loose particles from travelling
off site.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Aerial photography
suggests the property once contained several mature trees which were removed
between 2001 and 2005.  The entire
site has been stripped of vegetation and surfaced with gravel and asphalt
grindings to accommodate the outdoor storage of vehicles with the change of
property ownership in 2003.   Environmental considerations include the
impact of removing all vegetation from the site which alters the naturally
occurring overland flow routes, the erosion, sediment, dust and particulates
generated from stripping the site and activity associated with the use, and the
potential for chemicals and lubricants from vehicles leaching into the ground.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21ST CONSIDERATIONS:

The proposal
does not align with any of the seven Corporate Goals.

BUSINESS UNITS CONSULTED AND AFFECTED:

The
applications have been circulated to various Town departments and external
agencies and their comments are reflected in this report.

CONCLUSIONS

Based on this analysis, staff are
of the opinion that this application should be refused, as it does not meet the
criteria for a temporary use set out by the Markham
Official Plan and the Thornhill Secondary Plan, for the following reasons:

1)      The proposed zoning amendment to
permit the existing office,
contractor yards and the outdoor storage of new vehicles as a temporary
use does not comply with the temporary use criteria set out in the Official
Plan and Thornhill Secondary Plan as follows:

i)
The
subject lands are adjacent to similar uses which are also operating without the
requisite Town approvals.  The
outdoor storage of vehicles with no associated business on the same lot only adds to the general proliferation of this undesirable use
and the decline of a
once predominantly residential neighbourhood.  Legitimizing the use through a temporary
use by-law would further jeopardize the future redevelopment of the area and
further legitimize the surrounding illegal uses.

ii)
The
existing uses on the property are unlawful, inappropriate and contrary to the
criteria for temporary uses.  Significant
physical changes and financial investment to the property have been undertaken
to accommodate the requested uses on the property.

ii)
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.

2)      The application does not
conform to the current provisions and intent of the Official Plan or Secondary
Plan Policies and the application is considered premature until the Langstaff
Use Study is completed and recommendations

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:  \\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\22176548066.DOC

ATTACHMENTS:

Figure 1
– Location Map

Figure
2 – Area Context and Zoning

Figure 3
– Air Photo – 2005

Figure
4 – Site Plan

Figure
5 – Air Photo – 2001

Figure
6 – Air Photo – 2002

APPLICANT/AGENT:          Ben Quan

QX4
Investments Limited

17 Bauer Crescent

Markham, ON  L3R 4H3

Phone
# (905) 477-0007

Fax
# (905) 479-4517

E-mail:
[email-masked]

FIGURE 1:  Location Map