Report to: Development Services Committee                        Date of Meeting: January 16, 2007

 

 

SUBJECT:                          PRELIMINARY REPORT

                                            CRET 9900 Markham Limited.  Application for Zoning By-law Amendment to rezone lands on the south side of Major Mackenzie Drive, west of Highway No. 48 from Rural Residential Four (RR4) to Major Commercial (MJC) zone.

                                            5899 Major Mackenzie Drive

                                            File No. ZA 06 131832

 

PREPARED BY:               Nilesh Surti, Planner, ext. 4190

                                            East District Team

 

 

RECOMMENDATION:

That a Public Meeting be held to consider a Zoning By-law Amendment application (File No. ZA 06 131832) by CRET 9900 Markham Limited to rezone the lands located on the south side of Major Mackenzie Drive, west of Highway No. 48, municipally known as 5899 Major Mackenzie Drive, from Rural Residential Four (RR4) to Major Commercial (MJC) Zone.

 

EXECUTIVE SUMMARY:

Not applicable

 

FINANCIAL CONSIDERATIONS:

Not applicable

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

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

PURPOSE:

The purpose of this report is to provide preliminary information with respect to a proposed Zoning By-law Amendment application submitted by CRET 9900 Markham Limited and to recommend that a statutory public meeting be held to receive public input on this application. 


 

BACKGROUND:

Property and Area Context

The subject lands comprise two properties having a combined area of approximately 0.5 hectares (1.24 acres).  The properties are located on the south side of Major Mackenzie Drive, west of Highway No. 48 (See Figure 1).  The applicant is also seeking to acquire additional lands along the Major Mackenzie Drive right-of-way from the Regional Municipality of York to be integrated with the subject lands. 

 

Presently situated on the westerly property is a vacant single-detached dwelling, which has no heritage value, and a garage/storage shed at the rear of the property.   The easterly property is vacant. The previous owner of the subject lands used the site for a landscaping operation, which included outdoor storage of landscaping materials.  There are no significant natural features or vegetation, except for a few mature trees located primarily around the existing dwelling (See Figures 2 & 3).

 

Abutting the subject lands to the south and to the east are vacant commercial lands that are also owned by the applicant and are currently zoned Major Commercial under By-law 177-76, as amended.  The subject properties are intended to be combined with the applicant’s adjoining lands for a comprehensive commercial development.  Immediately to the west is a vacant parcel, which is currently zoned Rural Residential Four (RR4) under By-law 304-87, as amended. To the southwest are existing residences forming part of the Wismer Commons Community.  To the north, across Major Mackenzie Drive, are agricultural lands. 

 

Proposal to rezone subject lands from Rural Residential Four (RR4) to Major Commercial (MJC) zone

The applicant has submitted a Zoning By-law Amendment application to rezone the subject lands from Rural Residential Four (RR4) to Major Commercial (MJC) zone.  The subject lands were recently acquired in order to be combined with the applicant’s adjoining commercial lands located to the south and to the east.  The intent of this application is to rezone the subject lands to the same zone category as the lands to which the properties are to be combined.  The proposal to rezone the subject lands to the Major Commercial zone category is consistent with the Official Plan designation of these properties.  A site plan application has not yet been submitted for the subject lands or the abutting commercial lands to the south and to the east. 


 

OPTIONS/ DISCUSSION:

Official Plan and Zoning

The Wismer Commons Secondary Plan (OPA No. 37) designates most of the subject lands “Major Commercial Area” (MJC); however, a small portion of the westerly property is designated “Urban Residential”.  The land use category boundaries as identified on Schedule “AA” of the Wismer Commons Secondary Plan are conceptual.  Section 8.9 d) of the Official Plan indicates that where the general intent of the Official Plan is maintained, minor adjustments may be made to the land use category boundaries for the purpose of zoning, without amendment to the Official Plan.  This adjustment is reviewed as minor and no Official Plan Amendment application has been requested.

 

The subject property is currently zoned Rural Residential Four (RR4) under By-law 304-87, as amended, which only permits a single detached dwelling.  Any amending By-law will delete the lands from By-law 304-87, as amended, and rezone the lands to Major Commercial (MJC) under By-law 177-96, as amended.

 

Highway 48 Urban Design Study

The Highway 48 Urban Design Study, endorsed by Council in October 2005, provides urban design and land use guidelines to be used in the evaluation of development applications within the Highway 48 corridor between 16th Avenue and Major Mackenzie Drive.

 

The subject lands are technically outside of the Highway 48 Urban Design study area. However, if these lands are combined with the adjoining commercial lands, any future development of the lands will be reviewed in the context of the Highway 48 Urban Design Study. 

 

On October 17, 2006, Development Services Committee authorized staff to prepare, in consultation with affected landowners, Official Plan, Secondary Plan and Zoning By-law amendments to implement the approved land use and urban design vision for the Highway 48 corridor between 16th Avenue and Major Mackenzie Drive, as established in the Highway 48 Urban Design Study, dated October 2005.  These draft amendments are currently under preparation and will be circulated to all landowners in the area for their review and comments, prior to a statutory public meeting being held.  Any amending zoning by-law for the subject lands would need to be consistent with the Town initiated Official Plan and Zoning By-law amendments.

 

Potential Benefits of Approval of the Proposal

This proposal would provide the following benefits:

 

  • The proposed rezoning would allow the owner to develop the subject lands with the adjoining lands for a comprehensive commercial development to serve the growing communities of Greensborough and Wismer Commons.

 

Concerns/Issues to be resolved

The following is a brief summary of concerns/issues raised to-date.  These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in a final staff report to be presented to Committee at a later date.

 

  • Ensure that the subject lands will be merged on title with the applicant’s adjoining lands located to the south and to the east. 
  • Submission of a functional servicing study for review and approval by the Engineering Department to determine how the subject lands and the adjoining commercial lands are to be municipally serviced.  Alternatively, a Hold “H” provision can be applied to the zoning of the site until the necessary functional servicing study is completed.  
  • Determine whether any special development standards are required for the west portion of the lands, adjacent to the existing residences within the subdivision to the southwest.
  • Ensure that the proposed rezoning application is consistent with the Town initiated Official Plan, Secondary Plan and Zoning By-law Amendments.

 

Public Meeting is recommended

It is recommended that a Public Meeting be held to obtain public input with respect the Zoning By-law Amendment application.

 

FINANCIAL TEMPLATE:

Not applicable at this time.

 

 

 

 

ENVIRONMENTAL CONSIDERATIONS:

As noted previously, there are no significant natural features or vegetation on site, except for a few mature trees located primarily around the existing dwelling.  Staff will require a tree inventory and preservation plan when a formal site plan control application is submitted. 

 

ACCESSIBILITY CONSIDERATIONS:

Accessibility considerations will be reviewed as part of the site plan approval process.

 

ENGAGE 21ST CONSIDERATIONS:

Not Applicable.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application was circulated to all Town departments and external agencies, and is currently under review.  Requirements of the Town and external agencies will be reflected in the final report, if one is required, and in the preparation of the Zoning By-law Amendment.

 

RECOMMENDED BY:

 

 

 

 

 

 

 

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

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context/ Zoning

Figure 3 – Air Photo

Figure 4 – Conceptual Site Plan

 

Agent:   Mark Stone

              CRET 9900 Markham Limited

              5955 Airport Road, Unit 200

              Mississauga ON  L4V 1R9

              Tel: 1-905-673-4612

              Fax: 1-905-673-4608

 

File Path:  Q:\Development\Planning\APPL\ZONING\06 131832 (CRET 9900 Markham Ltd)\Preliminary Report.doc