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.

195 Langstaff Road East,
Thornhill

File
Number: ZA 06-120219

PREPARED BY:               Doris Cheng, Planner II - West District, ext. 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, 195
Langstaff Road East, Thornhill, File Number ZA 06-120219”, be received.

AND THAT the
application as submitted by Cosini Properties Inc. (ZA 06-120219), 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 the existing office, contractor yard 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
existing vacant contractor yard is not compatible with the adjacent residential
neighbours and the surrounding residential community.  Adequate buffers have not been provided
to screen the use from the existing adjacent residences either in terms of
visual impacts from the outdoor storage of trailers, building materials and construction
equipment, or from the dust generated or the noise impacts from the activity
generated related to the use.  The proposed
use contributes to the erosion of the physical and residential character of the
area.

ii.
The
illegal operation of the existing outdoor storage for a contractor yard on a separate lot has entailed
investments and alterations to the subject properties, both of which are not
permitted for temporary uses by the Markham
Official Plan and Thornhill Secondary Plan.  The existing use on the property is
unlawful, inappropriate and contrary to the criteria for temporary uses.

iii.         The
demolition of the building, unlawful stripping of the land, outdoor storage and
contractor’s yard has 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.

2)      The application does not
conform to current 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 impacts 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 195 Langstaff Road East, within the
Thornhill Secondary Plan Area.

BACKGROUND:

Property and Area Context

The subject
property is situated on the west side of Langstaff Road East as it curves
southward.  It is east of the GO
railway line and east of Essex
Avenue and north of the Holy Cross Cemetery.  The subject property is municipally
identified as 195 Langstaff Road
East and is situated within the Thornhill
Secondary Plan Area (Figure 1).

The subject
property has a lot frontage of 33.8 metres (111 feet) and a lot area of
approximately 0.113 hectares (0.28 acres).
The site is currently vacant and contains a trailer, contractor
equipment and supplies (including concrete barriers, gravel stockpiles, lumber,
skids, bricks), and other miscellaneous items.  The northern side yard has been fenced
off with a 1.2 metre chain link fence and the front of the property has also
been fenced off with a lockable chain link gate.  The southern side yard abutting 197 Langstaff Road
contains a wooden board-on-board fence, and the rear property line is not
delineated.  The property in its
entirety has been stripped of all soil and is covered with compacted gravel.  The only existing vegetation is a couple
of mature trees across the front of the property, shrubs along the southern
property line, and mature trees and shrubs along the northern property line
abutting 193 Langstaff Road East.

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 January
2005 and the site is now used to store contractor equipment and materials.  Adjoining the subject lands are:

To the north, Highway 407 and an
occupied residential property (193
Langstaff Road East);

To the south, a residential dwelling (197 Langstaff Road East).  The site visit was inconclusive as
to whether the building was occupied, however the rear of the property is
being used for the illegal outdoor storage of new vehicles.  Further south are the properties
subject to a temporary use by-law amendment application (ZA 06-120440),
the Holy Cross Cemetery
and additional residential properties to the southeast.

To the west, vacant lands owned by the
Ontario Realty Corporation (181, 189, 191 Langstaff Road East);

To the east, residential properties (196
and 198 Langstaff Road East)
are being used for an existing pool installation company, roof
installation company and general contracting/landscape business (Files OP
06-106489 and ZA 06-106493).
The application was refused at the June 6, 2006 Development Services
Committee.

To the east, residential properties (197
& 199 Langstaff Road East)
are being used for the open storage of vehicles (File ZA 04-028777).  The application was refused at the May 3, 2005 Development
Services Committee.

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 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, 195,
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, requested
approval of a Temporary Use Zoning By-law 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 139 Langstaff Road East (ZA 06-120174), 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 bylaw permit the operation of an office,
contractor yard and the outdoor storage of new vehicles.  The existing property was initially
created for the purposes of a residential dwelling and contained a detached
home however no building structure is present on the property.  Town records indicate that demolition
permits were issued in 1994 and 1997.

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 majority
of 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 Temporary Use Zoning By-law Amendments, 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

The
current zoning is Rural
Industrial with a holding provision [(H)R.IND.] under By-law 2551, as
amended.  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.

Section
3.6 of By-law 2551, as amended, prohibits junk yards, motor vehicle salvage,
wrecking or storage yards, the storage of used lumber or building materials,
kennels, or garbage disposal of domestic or industrial waste.  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.

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
incoming proposals for high density residential uses both east and 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, the current outdoor storage and contractor’s
yards, with no associated business on the same lot and the proposed Temporary Use
Zoning By-law Amendment contravenes 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.  There are no buildings or structures on
the property to be utilized as a primary permitted use.  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.

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.

This
property has been used for outdoor storage for a contractor yard since approximately
1997 and does not meet this test.
The site has been substantially altered by demolishing the residential
dwelling, altering the grades, stripping all vegetation and replacing it with
gravel to accommodate the storage of contractor’s equipment and supplies
associated with an offsite business.
The site does not contain any permanent structures, and the entire
property is fenced off with a 1.2m chain link fence and lockable gate securing
the front of the property.  Staff
are concerned that the demolition of the structure and a significant amount of
vegetation has been removed from the subject property between 1995 and 1999 to
accommodate the storage of contractor’s equipment and materials which is
evident through past aerial photography.
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 could jeopardize the long term possibilities for the
site.

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, among other nuisance factors, are of
particular concern.

Staff are of the opinion
that the subject businesses are not compatible, benign or neutral temporary
uses in relation to the residential uses adjacent to the subject property.  The mitigative measures provided to
screen the subject property from the adjacent residential properties do not
adequately address the negative impacts of the outdoor storage of
contractor’s equipment and materials.  These mitigative measures include a
board fence along the southern property line and chain link fence along the
front of the property and the northern property line.  To the rear of the property, there is no
property delineation between 195
Langstaff Road East and 191 Langstaff Road East. Landscaping
along the north, south and across the frontage of the property is comprised of a
few mature trees, some shrubs and weeds.
Visual impacts from the storage of contractor materials and equipment are poorly screened from the road and rear of the
property, and the audible and physical impacts from contractor activity are not adequately
abated.  The adjacent property
currently remains a residential dwelling, and within the surrounding area,
properties are zoned R1 (Residential), many of which are still used as residential
dwellings.  Therefore, staff
conclude that the proposed temporary use and current outdoor storage for a
contractor’s yard with no associated business on the same lot is not
compatible with the designated adjacent residential uses in the area, nor is it
sufficiently buffered from neighbouring properties.  Staff believe the proposed temporary use
exacerbates 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 existing property was initially
created for the purposes of a residential dwelling, however no building
structure is present on the property, and no buildings are proposed at this
time.  Town records indicate that
demolition permits were issued in 1994 and 1997. In addition, to accommodate
the current contractor’s yard, the site has undergone several site alterations to accommodate the
illegal use.  These alterations
include the removal of all vegetation on site, altering the grading of the
site, stripping all topsoil from the property, providing a surface comprised of
gravel to accommodate the outdoor storage, and the installation of fencing
along portions of the perimeter.
These modifications have resulted in significantly changing the
character of the subject property.

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 to 1999 (Figures 5 and 6,) that a significant
number of trees were once located on the subject property.  Between 1995 and 1999, the majority of
the trees have been removed to accommodate the outdoor storage on the
property.   The only remaining
vegetation on site includes a few trees and shrubs along the property lines,
grasses within the boulevard, and weeds along the property lines.  The property in its entirety has been
surfaced with gravel.  While staff
are aware that the applicant purchased the subject property after the removal
of the trees, this has had a significant impact on the vegetative community
that was once present.

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.

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

The entire site has been surfaced with gravel to
accommodate outdoor storage related to contractor’s equipment and
material without the requisite Town approvals or permits.  Although the owner proposes no
significant changes to the site, the Town’s By-law requires that the site
be treated and maintained with a stable surface to prevent dust or loose
particles from travelling off site.
Therefore, the current use is in contravention of the by-law and
policies of the Secondary Plan.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Aerial photography
suggests the property once contained a number of mature trees which were
removed between 1995 and 1999.  It
is speculated that the entire site has been stripped of vegetation and surfaced
with gravel to accommodate the contractor’s yard since the demolition of
the building in 1997.
Environmental considerations include the impact of removing all
vegetation from the site which alters the overland flow routes of storm water,
erosion, and the dust and particulates generated from stripping the site and
vehicle access and activity.

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 any comments received to date 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 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
existing vacant contractor yard is not compatible with the adjacent residential
neighbours and the surrounding residential community.  Adequate buffers have not been provided
to screen the use from the existing adjacent residences either in terms of
visual impacts from the outdoor storage of trailers, building materials and
construction equipment, or from the dust generated or the noise impacts from
the activity generated related to the use.
The proposed use contributes to the erosion of the physical and
residential character of the area.

ii.          The
demolition of the building, illegal operation of the existing outdoor storage for a
contractor yard on a
separate lot have entailed investments and alterations to the subject
properties, neither are permitted by the Markham Official Plan and Thornhill
Secondary Plan.  The existing use on
the property is unlawful, inappropriate and contrary to the criteria for
temporary uses.

iii.         The
unlawful stripping of the land, outdoor storage and contractor’s yard has
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.

2)
The application does not conform to current 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.

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\23279363062.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 – 1995

Figure
6 – Air Photo – 1999

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