Report to: Development Services Committee Report Date: May 15th, 2007

SUBJECT: PRELIMINARY REPORT

2073236 Ontario Inc.

Zoning By-law Amendment

Application to permit a four (4) storey residential building

3882 Highway 7 East

North side of Highway 7, east of Verclaire Gate

FILE NO. ZA 06 135994

PREPARED BY: Stacia Muradali, ext. 7922

Planner, Central District

RECOMMENDATION:

That the report dated May 15th, 2007 entitled “PRELIMINARY REPORT, 2073236 Ontario Inc., Zoning By-law amendment application to permit a four (4) storey residential building at 3882 Highway 7 East (ZA 06 135994)” be received;

And that staff be authorized to schedule a Public Meeting to consider the Zoning By-law amendment application.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable at this time.

FINANCIAL CONSIDERATIONS:

Not applicable at this time.

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

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

The purpose of this report is to provide preliminary information regarding the Zoning By-law amendment application at 3882 Highway 7, and to recommend that a statutory public meeting be held to consider this application.

BACKGROUND:

Site location description and area context

The subject property, consisting of .305 hectares (.75 acres) is located on the north side of Highway 7, east of Verclaire Gate (Figure 1). The Markville Montessori School occupies a one (1) storey building which is currently located on the site. The Ellington Park development which consists of two (2), four (4) storey residential buildings connected by a one (1) storey atrium is under construction to the immediate west of the site. To the east is the St. Justin Martyr Roman Catholic Church. To the north is a single family residential subdivision. To the south of Highway 7, the land is vacant.

Proposal is to permit a four (4) storey residential building

The applicant is requesting a zoning by-law amendment to permit a four (4) storey residential apartment building containing eighteen (18) units. The building will have a proposed gross floor area of 3,569 square metres (38,417 square feet). The applicant is proposing eight (8) surface parking spaces including one (1) handicapped parking space to the rear of the proposed building (Figure 4). Thirty (30) underground parking spaces will also be provided. The ground floor will consist of two (2) residential units, storage lockers, an exercise room, and recreation room. The units range in size from 109.62 square metres (1,180 square feet) to 196 square metres (2,110 square feet).

Zoning By-law amendment required

The lands are zoned “Medium Density Residential One (Hold) (RMDI-H)” under By-law 118-79, as amended (Figure 2). In 1998, a site-specific by-law amendment incorporating 3856-3882 Highway 7, including the Ellington Park lands to the west, was passed by Council.

The amending By-law was drafted for all four (4) properties. Consequently, the proposed development does not comply with the required minimum lot area and lot frontage. The By-law requires a minimum lot frontage of 100 metres and a minimum lot area of 0.75 hectares. The existing lot frontage is 38.4 metres and the existing lot area is 0.305 hectares. The proposed development will have a maximum floor area ratio of 117% whereas the By-law permits a maximum floor area ratio of 100%. In addition, amendments are required to the minimum side yard setback, maximum height, and minimum landscape strip width to accommodate this development. The applicant will be providing the required number of parking spaces.

In addition, there is a Holding provision in place which can only be removed upon execution of a site plan or equivalent development agreement which is registered on title. The agreement is to include a provision for the completion of the southerly terminus of Tenbury Drive as a municipal road to the satisfaction of the Town.

The proposal conforms to the Official Plan

In 1998, Council designated the four (4) properties, 3856-3882 Highway 7 “Urban Residential Medium Density II” in Official Plan Amendment No. 15, to permit a four (4) storey mixed use building, containing ground floor retail and service uses, and residential apartments on the ground and upper floors. The “Urban Residential Medium Density II” designation allows for multiple dwelling types including apartments, with an overall density not exceeding 62 units per hectare (25 units per acre). The applicant proposes eighteen (18) units on the 0.305 hectare site which, at 59 units per hectare (24 units per acre), complies with the density provisions of the Secondary Plan.

OPTIONS/ DISCUSSION:

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.

The relationship of the proposed development with adjacent uses will be examined to ensure that the siting and massing of the new building is compatible in an area context. The potential for shared access with the Church to the east will also be explored.
Further examination of the siting and massing of the proposed building to ensure that an appropriate relationship to Highway 7 is articulated, and that appropriate levels of continuity, comfort, safety and amenity is achieved at street level.
The proposed development will require servicing allocation. Allocation has not been identified for the lands.
A tree preservation and landscape plan is required to ensure that the proposed development preserves any existing trees and other vegetation and natural features wherever possible.
Detailed review of access and building design needs to occur. At this time, a site plan application has not been submitted by the applicant. As part of the site plan application stage, the owner will be required to provide the following items, including but not limited to: a Noise Impact Study, a clearance letter from the developer/owner who front-ended the area municipal infrastructure, conveyance of necessary lands to the Town for the completion of Tenbury Drive, conveyance of necessary lands to the Region of York, and a Traffic Impact Study.

FINANCIAL TEMPLATE (external link):

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

A tree preservation and landscape plan is required to ensure that the proposed development preserves the existing trees and other vegetation and natural features on the subject lands.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

ENGAGE 21^ST CONSIDERATIONS:

The proposal aligns with the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

BUSINESS UNITS CONSULTED AND AFFECTED:

All Town departments and external agencies have been circulated with the application and all comments will be considered in the final report.

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

ATTACHMENTS: