Report to: Development Services Committee Report Date:
SUBJECT: RECOMMENDATION REPORT
The
Markhaven Foundation. Application for
Official Plan and Zoning By-law Amendments to permit the severance of a
property located at the northeast corner of
File No. OP 06 129531 and ZA 06 129536
PREPARED BY: Nilesh Surti, Planner, ext. 4190
East District Team.
RECOMMENDATION:
THAT the Official Plan Amendment application (OP 06 129531) submitted by The Markhaven Foundation to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;
THAT the Zoning By-law Amendment application (ZA 06 129536) to amend By-law 304-87, as amended, submitted by The Markhaven Foundation to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and enacted.
AND THAT the
Ministry of Municipal Affairs be advised of Council’s decision with respect to
the applications for Official Plan and Zoning By-law Amendments submitted by
The Markhaven Foundation to permit the severance of the property located at the
northeast corner of
EXECUTIVE SUMMARY:
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 recommend approval of the proposed Official Plan and Zoning
By-law Amendments submitted by The Markhaven Foundation on behalf of the owner
of the property, Patricia Ruth Warriner, to permit the severance of a property
located at the northeast corner of
BACKGROUND:
Property and Area Context
The subject
lands consist of approximately 17.5 hectares (43.2 acres) located at the
northeast corner of
Abutting the
subject lands to the east is the
Proposed severance to permit a future seniors
residence
On behalf of the owner, Patricia Ruth Warriner, The Markhaven Foundation has submitted applications for Official Plan and Zoning By-law Amendments to accommodate the severance and conveyance of a 2.73 hectare (6.7 acres) parcel of land as a donation to The Markhaven Foundation. This foundation is the fundraising arm of Markhaven Home for seniors, which is a Christian charitable, non-profit long-term care facility that cares for the elderly in Markham and the surrounding community. The parcel to be severed is intended to be developed in the future for a senior citizens’ complex, which may include a continuum of care from seniors’ residential units, through long-tern care to a nursing home.
The applicant
has indicated that in the interim, both the lands to be severed and remaining parcel
are intended to be used for agricultural purposes until such time as the lands maybe
brought into the urban boundary and a secondary plan prepared for the
area. Furthermore, any future development
would also be dependent on the extension of municipal services to these
lands. The long term nature of the
intended development, and the interim use for agriculture, are explained in the
draft Official Plan Amendment (See Appendix ‘A’) as the basis and non-precedent
setting aspect of the severance of lands in the rural area.
OPTIONS/ DISCUSSION:
Official Plan and Zoning
The Official Plan designates the subject lands “Agriculture One”. The predominant uses intended in this designation are for farming activity and related uses as well as for existing rural residential uses.
The Official Plan policies articulate the Town’s intent to preserve a large, continuous area of prime land, to be available for agriculture over the long-term, and within which farming activities can take place with a minimum of disruption from competing or incompatible land uses. The Official Plan policies require careful consideration to be given to proposals which would result in the severance of land which is being farmed or which has good soil capabilities for agriculture. The Official Plan provides that such applications should not normally be granted unless the land to be severed and the remaining parcel could be operated as viable agricultural units. Just cause must be shown for any change of use associated with the severance of land for purposes other than agricultural activity.
The Official Plan also provides that non-farm residential uses in the Agriculture designation shall be subject to an Official Plan Amendment application and that approval of such application will be conditional upon justification of a non-agricultural use to the satisfaction of Council in consultation with the Ministry of Agriculture and Food. The granting of any severance for non-farm residential uses are to take into account the following criteria:
- Lots to be created shall be limited to a size commensurate with their intended use and be appropriate relative to the surrounding area;
- Where conflicting land uses could result from the granting of a severance, the maintenance and protection of exiting or future agricultural uses shall be favoured;
- Severance for non-farm residential uses shall generally not be permitted on good agricultural land; and
- Regard shall be had for the relevant Minimum Distance Separation Formulae of the Agricultural Code of Practice.
The subject lands are presently zoned Agriculture One (A1) under By-law 304-87, as amended. The current zoning permits agricultural use, storage of agricultural produce, seasonal vegetable or fruit stands, one single family detached dwelling as an accessory use, home occupations, private home day cares and public conservation projects.
The By-law requires a minimum lot area of 10 hectares (24.7 acres) and a minimum lot frontage of 120 metres (393.7 feet). A rezoning application has been submitted to vary the minimum lot area and lot frontage provisions for the lands to be severed. The applicant is requesting the minimum lot area be reduced from 10 hectares (24.7 acres) to 2.73 hectares (6.7 acres), and minimum lot frontage be reduced from 120 metres (393.7 feet) to 30 metres (94.4 feet). The parcel to be retained will have a lot area of 14.8 hectares (36.6 acres) and a lot frontage of 373 metres (1,223.8 feet), which would comply with the By-law requirements.
Minister’s Zoning Order Amendment
The site is subject to Minister’s Zoning Order 104/72, as amended. The effect of the Order is generally to restrict the use of the lands to agricultural uses and associated buildings, including a residence. The Minister’s Zoning Order requires a minimum lot frontage of 183 metres (600 feet) for agricultural uses and buildings, and accessory structures. The applicant has filed an application to the Ministry of Municipal Affairs to reduce the minimum required lot frontage for the severed lot from 183 metres (600 feet) to 30 metres (100 feet). A decision by Council on the subject applications is required before the Ministry of Municipal Affairs can proceed with an amendment to the Zoning Order.
A public meeting was held on February 20, 2007
On
Proposed Severance will not set
a precedent
Committee members expressed a
concern that the proposed
severance may set a precedent allowing other lands in Markham that are
designated Agriculture to be further severed, which may hinder or jeopardize
the viable operation of agriculture in the Town.
To address this concern, the applicant has submitted an Official Plan
Amendment application in order to establish, in policy terms, the unique
nature of the proposed severance. The intent
of this amendment is to accommodate only the proposed severance in order to allow
for a charitable donation to the Markhaven Foundation. The accompanying rezoning application is to
reduce the minimum lot area and lot frontage requirements for the parcel to be severed. Both the lands to be severed and the remaining
parcel will continue to be used for farming purposes. Further Official Plan and Zoning By-law
amendments will be required to permit a change in land use, specifically a senior
citizens’ complex, on the parcel to be severed.
The applicant has also indicated that under the terms of the donation the
lands to be severed could only be used by the Markhaven Foundation for
agricultural or institutional purposes; otherwise, the parcel to be severed
would revert back to the Warriners. Staff
are satisfied that the proposed severance will not set a precedent for other
lands that are designated for Agriculture use to be further subdivided and thereby
jeopardize the viable operation of
agriculture in the Town
Appropriateness
of the proposed severance
At the public meeting, Committee members questioned the timing of the application and why the severance could not occur in the future following any inclusion of the lands within the urban boundary. The applicant has advised staff that the Warriners, the present Owners of the lands, are elderly and that they wanted to make this donation rather than to burden their estate with the responsibility of the severance and the donation in the future. Therefore, the donation of the parcel to be severed needs to happen in the near future.
Committee
members also questioned the configuration and location of the parcel to be
created. The applicant indicated to
staff that the Warriners originally intended to donate a 2 hectare (4.94 acres)
rectangular parcel of land immediately north of the
Concerns and issues identified in the preliminary report have been addressed
The applicant has resolved the
concerns/issues identified in the preliminary report on this matter, dated
Proposed
severance complies with the Provincial Growth Plan
One concern that was raised in the preliminary report was to ensure that the proposed severance complies with the Provincial Growth Plan. Through the Places of Grow study, the Provincial Government is committed to protecting prime agricultural lands by directing development to settlement areas. As indicated above, the intent of the proposed Official Plan and Zoning By-law amendments it to accommodate the donation of a 2.7 ha parcel of land to The Markhaven Foundation. Both the lands to be severed and the parcel to be retained will continue to be used for farming purposes until such time as a secondary plan has been created, if deemed appropriate in the future, for the area north of Major Mackenzie Drive. Staff are satisfied that the proposed severance complies with the Provincial Growth Plan.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
ENVIRONMENTAL CONSIDERATIONS:
There is no
significant vegetation or natural features on the property.
ACCESSIBILITY CONSIDERATIONS:
Not applicable.
ENGAGE 21ST CONSIDERATIONS:
Not applicable.
BUSINESS UNITS CONSULTED AND AFFECTED:
This
application has been circulated to Town departments and external agencies and
their recommendations/comments have been incorporated into this report.
RECOMMENDED BY:
__________________________________ ________________________________
Valerie Shuttleworth, M.C.I.P., R.P.P. Jim Baird, M.C.I.P., R.P.P.
Director of Planning and
Urban Design Commissioner,
Development Services
ATTACHMENTS:
Figure 1 – Location Map
Figure 2 – Area Context and Zoning
Figure 3 – Air Photo
Figure 4 – Proposed Severance
Appendix ‘A’ – Draft Official Plan Amendment
Appendix ‘B’ – Draft Zoning By-law Amendment
Agent
Bousfields Inc.
Tel.: (416) 947-9744; Fax: (416) 947-0781
File Path: Q:\Development\Planning\APPL\OPAPPS\06
129531 Markhaven Foundation\Final Recommendation Report.doc