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.

201,
203 and 205 Langstaff Road East,
and 3 and 5 Essex Avenue,
Thornhill

File
Number: ZA 06-120440

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, 201, 203
and 205 Langstaff Road East, and 3 and 5 Essex Avenue, Thornhill File Number ZA
06-120440”, be received.

AND THAT the
application as submitted by Cosini Properties Inc. (ZA 06-120440), 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 Residential zone (R1- 201, 203, and 205 Langstaff Road East) and a Rural Industrial
zone with a holding provision ((H)R.IND.–3 and 5 Essex Avenue). 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 office, contractor yard and outdoor storage of new vehicles are not
compatible with the adjacent residential neighbours and the surrounding
residential community.  Adequate
buffers have not been provided to screen the use from the cemetery or the existing
adjacent residences either in terms of visual impacts from the outdoor storage
of new vehicles, building materials, construction equipment, or from the dust
generated or the noise impacts from the activity generated related to the
use.  Furthermore, the use contributes
to the erosion of the physical and residential character of the area.

ii.
The
illegal operation of the existing outdoor storage of new vehicles and the contractor
office and storage yard
have entailed
investments and alterations to the subject properties, not 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 of new vehicles and the
contractor’s office and yard 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.

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 201, 203, and 205 Langstaff Road East,
as well as 3 and 5 Essex Avenue,
all of which are within the Thornhill Secondary Plan Area.

BACKGROUND:

Property and Area Context

The properties
subject to the application are located on two separate street frontages, with connecting
rear yards.  All of the properties
are situated within the Thornhill Secondary Plan Area (Figure 1).

The properties with municipal addresses 3
and 5 Essex Drive
are situated on the west side of Essex
Avenue, south of Langstaff Road East, north of the
Holy Cross Cemetery Mausoleum, and east of the GO railway line.

3 Essex Avenue has a lot frontage
of 40 metres (131.5 feet) and a lot area of approximately 0.53 hectares
(1.32 acres).  The residential
building was built in 1964.
The site also contains a detached garage and storage shed, both of
which appear to be used for storage purposes.

5 Essex Avenue has a lot frontage
of 30.48 metres (100 feet) and lot area of approximately 0.4 hectares (1
acre).  The residential
building was built in 1932.
The site also contains a detached garage and storage shed, both of
which appear to be used for storage purposes.

It appears that the dwellings on both
properties are currently being used as contractor offices and the rear
yards are being used for the outdoor storage of new vehicles for an
offsite business.  To
facilitate the storage of vehicles, the rear of the properties have been
stripped of vegetation and topsoil, fenced off with a 1.2 metre chain link
fence, and surfaced with gravel and asphalt grindings.  There is no delineation between rear
lot lines with the adjacent properties fronting onto Langstaff Road East.   Adjoining these properties are:

To the north, a vacant property (11 Essex Avenue)
and a residential property (17
Essex Avenue).  Beyond this property lies 21 Essex Avenue
which was subject to a temporary use by-law amendment which was denied by
Development Services Committee on February 21, 2006.

To the south, Holy Cross
Cemetery and
Mausoleum.

To the west, various single detached
residential dwellings which are currently occupied (4, 10, 12, 18, and 22 Essex Avenue).  At the rear of these properties
lies 2-8 and 14 Essex Avenue
which is the Essex
Industrial Plaza.  This plaza contains several
commercial/industrial units.

To the east, 201, 203, and 205 Langstaff Road East
which are part of the subject application. Beyond these properties are
occupied residential dwellings, the Langstaff Woodlot, and Bayview Avenue.

The subject properties with the
municipal addresses 201, 203, and 205 Langstaff Road East are situated on
the west side of Langstaff
Road East as it curves southward.  The properties are west of Bayview Avenue, east
of the GO railway line and Essex
Avenue, and north of the Holy Cross
Cemetery.

201 Langstaff Road has a lot
frontage of 30.48 metres (100 feet) and lot area of approximately 0.4
hectares (1 acre).  The
residential building was built in 1949 and is currently being used as a
contractor office.

203 Langstaff Road has a lot
frontage of 30.48 metres (100 feet) and a lot area of approximately 0.4
hectares (1 acre).  The
residential building was built in 1967 and is currently being used as a
contractor office.

205 Langstaff Road has a lot
frontage of 38.89 metres (127.58 feet) and a lot area of approximately
0.52 hectares (1.28 acres).
The residential building was built in 1965 and is currently
vacant.

All
of the properties fronting onto Langstaff
Road are using the lands to store contractor
equipment and materials and the rear yards are being used for the outdoor
storage of new vehicles for an offsite business.  To facilitate the storage of vehicles,
the rear of the properties have been stripped of vegetation and topsoil, fenced
off with a 1.2 metre chain link fence, and surfaced with gravel and asphalt
grindings.  There is no delineation
between rear lot lines with the adjacent properties fronting onto Essex Avenue.  Adjoining these properties are:

To the north, a residential dwelling (199 Langstaff Road East
– occupancy undetermined and 193 Langstaff Road East - occupied)
and a vacant property (195
Langstaff Road East – File ZA
06-120219).  Beyond these
properties is Highway 407.

To the south, Holy Cross
Cemetery and
Mausoleum.

To the west, 3 and 5 Essex Avenue which are part of
the subject application and 11
Essex Avenue is a vacant lot.  Beyond these properties are single
detached residential dwellings which are currently occupied (4, 10, 12,
18, and 22 Essex Avenue)
and the Essex
Industrial Plaza (2-8 and 14 Essex Avenue).

To the east, are occupied residential
dwellings, the Langstaff Woodlot, and Bayview Avenue.

The application
is for a Temporary Use Zoning By-law Amendment to legally permit the existing operation
of offices, a contractor’s business and the outdoor storage of new
vehicles.  Information at the Land
Registry Office indicates that the subject properties were purchased between
2001 and 2005 and the sites are currently being used as contractor offices,
contractor yard and to store new vehicles.

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 properties, as well as
properties situated within close proximity, including 139, 195, 196, 197, 198,
199, 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 139 Langstaff Road East
(ZA 06-120174) and 195 Langstaff
Road East (ZA 06-120219) which have been
circulated and reviewed by all Town departments and external agencies.

Proposal is for temporary use permission to allow offices, contractor yards and
the outdoor storage of new vehicles

The
applicant is proposing to amend the Zoning By-law to temporarily permit the
operation of an office, contractors’ yard and the outdoor storage of new
vehicles.  The existing properties were
created for residential purposes, however the respective buildings on each of
the properties are either vacant or being used as contractors’
offices.

Official Plan

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
properties are 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 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

The
properties at 3 and 5 Essex Avenue
are zoned 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.

The
properties at 201, 203, and 205
Langstaff Road East are zoned Residential (R1)
under By-law 2551, as amended.  This
category permits a single family detached dwelling, a place of worship, an
elementary school, parks or public utilities.

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 for
all of the properties has been 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, outdoor storage and contractor’s yards, with
no associated business on the same lot 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, buildings or structures on the
property.  The area is designated
Urban Residential under the Official Plan.
The establishment of this use conflicts with the policies outlined for
the Urban Residential designation which provides for residential uses on the
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.

According
to aerial photography, the contractor offices, contractor yards and the outdoor
storage of new vehicles have been in operation as early as 1995 on 205 Langstaff Road East
and in operation on all of the subject properties by 2005.  Consequently, the properties do not meet
this test.  All of the properties
have been substantially altered by altering the grades, stripping all
vegetation and replacing it with gravel and asphalt grindings to accommodate
the storage of contractor’s equipment and supplies and new vehicle
storage at the rear of the properties.
The properties have been fenced off with a 1.2m chain link fence and lockable
gate securing the access.  Staff are
concerned that a significant amount of vegetation has been removed from the
subject property between 1995 and 2005 to accommodate the storage of new
vehicles, contractor’s equipment and supplies.  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 (Section 14.3 c) expands on the Official Plan
polices.  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 adjacent to the subject
properties.  The mitigative measures
provided to screen the subject property from the adjacent residential properties
and the cemetery do not adequately address the negative impacts of the outdoor
storage of new vehicles, contractor’s equipment and materials, and the
activity associated with such businesses.
These mitigative measures include a chain link fence along the southern property
line and along the perimeter of the new vehicle storage area.  To the rear of the property, there is no
property delineation between 201, 203, and 205 Langstaff Road East and 3 and 5 Essex Avenue.  Landscaping is absent along all property
lines, except across the frontage of the properties which is comprised of remnant
residential landscape planting, some mature trees, shrubs and weeds.  The  storage of contractor materials,
equipment and new vehicles are
poorly screened from the cemetery, road and rear of the property, and the
audible and physical impacts from contractor operations and the loading and un-loading of
new vehicles are not adequately abated.
The adjacent properties on Essex
Avenue and Langstaff Road and within the surrounding
area currently remain residential.
Therefore, staff concludes 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.

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

The existing properties were created
for the purposes of residential dwellings.
To accommodate the current contractor offices, storage yards and the
outdoor storage of new vehicles, the subject lands have undergone several 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 and asphalt grindings 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 properties and constitute a
significant investment.

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 2005 (Figures 3, 5 and 6) that a significant number of trees were
once located on the subject properties.
Between 1995 and 2005, 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 front of the properties, grasses
within the boulevard, and some weeds and shrubs at the edges of the properties
adjacent to the cemetery.  The
properties in their entirety have been stripped of soil and surfaced with
gravel.  This has obliterated 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.

The Langstaff Area has been targeted
within the TRCA’s Terrestrial Natural Heritage System Strategy (TNHSS)

TRCA Staff have targeted portions of the
Langstaff Area within their Terrestrial Natural Heritage System Strategy
(TNHSS) (Figure 7).  The TNHSS is a
policy initiative that aims to increase natural forest cover within the
TRCA’s jurisdiction by identifying and evaluating natural heritage
systems through assessing the status of habitats and species within those
areas.  The assessment of habitats and species is conducted by certified
ecologists with ecological data collected from aerial photography and field
investigations, and mapping and monitoring of species and habitat conditions.
The objectives of the TNHSS are to give clear direction for data
collection, land acquisition, ecological restoration and stewardship in order
to ensure greater protection and enhancement of our natural areas.

TRCA staff has determined that
portions of the properties subject to this Temporary Use Zoning By-law
application fall within the TNHSS target area (Figure 7).  TRCA staff have
also expressed concerns
about the protection of tableland woodlots within this area and although they
are not formerly regulated by Ontario Regulation 166/06 (Development,
Interference with Wetlands and Alterations to Shorelines and Watercourses) they
anticipate working together with the Town of Markham to ensure the continued
protection and enhancement of this area through any redevelopment plans or
related planning application/process.

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 2005.  It
is speculated that the entire site has been stripped of vegetation and surfaced
with gravel to accommodate the contractor’s yard since the acquisition of
the lands between 2001 and 2005.
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 office, contractor yard and outdoor storage of new vehicles are not
compatible with the adjacent residential neighbours and the surrounding
residential community.  Adequate
buffers have not been provided to screen the use from the cemetery or the
existing adjacent residences either in terms of visual impacts from the outdoor
storage of new vehicles, building materials, construction equipment, or from
the dust generated or the noise impacts from the activity generated related to
the use.  Furthermore, the use
contributes to the erosion of the physical and residential character of the
area.

ii.
The
illegal operation of the existing outdoor storage of new vehicles and the contractor
office and storage yard
have 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
unlawful stripping of the land, outdoor storage of new vehicles and the
contractor’s office and yard 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.

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\22417738070.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 – 2002

Figure
7–TRCA Terrestrial Natural
Heritage System                                             Strategy Targeted Area
(TNHSS)

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