Report to: Development Services Committee Report Date:
SUBJECT: PRELIMINARY REPORT
Chak
Cheng
Application
for a Zoning By-law Amendment to rezone 7165 Bayview Avenue from Greenbelt
Residential (GR) to permit
a future severance of the lands into two lots for the construction
of two single detached dwellings
ZA-07-110055
PREPARED BY:
RECOMMENDATION:
That a Public Meeting be held to
consider the application submitted by Chak Cheng for the rezoning of
PURPOSE:
The purpose of this report is to provide preliminary information
regarding an application to rezone
7165
Bayview Avenue
BACKGROUND:
Property and Area Context
The subject property has an area of 0.59 hectares (1.46 acres) located on
the east side of
Proposal
The owner has submitted an application to rezone the property from Greenbelt Residential (GR) to accommodate the construction of two new detached dwellings on two new lots that the owner proposes to create by consent (Figure 4).
Official Plan and Zoning By-law
The Official Plan designates the lands Urban Residential and Hazard Lands
(
Section 2.7.2 of the Official Plan outlines the special urban area
provisions with respect to severances.
Specifically section 2.7.2 b) states:
“Severances will be
considered for the purposes of infilling in an existing urban area, but shall
not extend the existing urbanized area.
Infilling which economizes the use of urban space without disturbing the
pattern of the existing development, or perpetuating an undesirable pattern of
development or prejudicing the pattern of future development, shall be
considered acceptable.”
This application meets the above provision, and therefore land division by consent would be appropriate. To date, a consent application has not been submitted to the Town. If a future consent is approved, Staff would require the application be subject to Site Plan Approval among other conditions.
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
the Committee at a later date.
The applicant
met with the
The TRCA has reviewed the
rezoning application and has advised that at the Site Plan Approval stage, all proposed
buildings will be required to be located outside of the Regional Storm Flood
Plain and are to be flood proofed to the TRCA’s satisfaction. Extensive planting of native woody species in
the buffer and floodplain, wherever feasible, will be required to the
satisfaction of the TRCA and the Town. As
a legal survey was not provided to the TRCA at the time of the staking exercise,
the TRCA has advised that revisions may be required to the concept plan to
ensure that both proposed dwellings are located outside of the flood plain and
buffer area.
Conveyance of the river and valleylands into public ownership required
The rear half of the subject lands designated Hazard Lands are also identified as “Locally Significant Area Complexes” in the Official Plan. Section 2.2.2.4.1 states that these areas have demonstrated exceptional biological, physiological or hydrologic attributes and warrant the highest order of protection.
Section
3.10.1 j) of the Official Plan requires that Hazard Lands be conveyed to the
Town or other authorized public agencies as a condition of development
approval. Correspondence from the TRCA has
reiterated this requirement. Therefore as a condition
of approval, the Town will require the Hazard Lands be conveyed into public
ownership.
However, a study of the ownership pattern of the adjacent lands has revealed that none of the connecting parcels are under public ownership. As confirmed by the Town’s Legal Department, an access easement to the top of bank in favour of the Town, registered on title, will be required to ensure emergency personnel have unimpeded access to the Hazard Lands. This will be addressed as a condition of consent.
Insufficient rear
yard amenity space and the creation of an environmental buffer zone
Currently the owner is proposing
to locate the rear wall of the dwellings generally at or very close to the
outer (western) boundary of the environmental buffer so that a substantial part
of the buffer would have to serve as a rear yard amenity space. In order to provide for both a 10 metre
environmental buffer beyond the top of bank and a useable rear yard amenity
space for the future owners of the proposed dwellings, staff would recommend
that the dwellings be located closer to
Neighbourhood Analysis
Regard has to be given to the compatibility of the proposed amendment and future severance and its potential effect on the surrounding neighbourhood. The owner is proposing through a future severance application, the division of the existing lot into two lots with frontages of 18.5 metres (60.7 feet) respectively. Section 5.4.3 c) of the Thornhill Secondary Plan states:
“When applications are made for severances,
minor variances, zoning by-law amendments or site plan approval, the applicant
shall be expected to demonstrate compatibility with the existing character of
the adjacent area with respect to natural vegetation and development standards
such as lot frontage and area, coverage, density, building setbacks and
heights.”
A
review of the surrounding properties was undertaken and it was noted that many
of the existing properties within the area have lot frontages greater than indicated
in the proposal. These frontages ranged
from approximately 30.5 metres (100 feet) to 61 metres (200 feet). However lot frontage is only one variable of
a neighbourhood analysis. The
subdivisions to the south on
FINANCIAL CONSIDERATIONS:
No financial implications are to be
considered in this report.
ENVIRONMENTAL CONSIDERATIONS:
Impacts of the proposed
development on the
ENGAGE 21ST. CONSIDERATIONS:
Not applicable
BUSINESS UNITS CONSULTED AND AFFECTED:
The proposal is currently in
circulation to other Town Departments and agencies for review and comments.
CONCLUSION:
In order to allow for public input
before Council makes a decision on the application, it is recommended that a
public meeting be held after a number of issues
outlined above, are addressed.
RECOMMENDED BY:
______________________________ ____________________________
Director,
Figure 1 - Location Map
Figure 2 - Area Context/Zoning
Figure 3 – Aerial Photo
Figure 4 – Proposed Site Plan
Figure 5 – Proposed Elevations
Applicant Contact Information: Malone Given
Parsons Ltd
Facsimile
Number: 905-513-0170 ext.120
Document filepath: AMANDA/File
ZA-07-110055 /Documents/Preliminary
Report