Report to: Development Services Committee Report Date: February 5, 2008

SUBJECT: PRELIMINARY REPORT

Roy and Susie Handapangoda

Zoning By-law amendment application to facilitate a severance at 16 River Bend Road to create two single family residential lots.

File No: ZA 07 133206

PREPARED BY: Stacia Muradali, ext. 7922

Planner, Central District

RECOMMENDATION:

That the report dated February 5, 2008 entitled “PRELIMINARY REPORT, Roy and Susie Handapangoda, Zoning By-law amendment application to facilitate a severance at 16 River Bend Road to create two single family residential lots” be received.

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

FINANCIAL CONSIDERATIONS:

Not applicable

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 preliminary information regarding the Zoning By-law amendment application for lands located in the Sabiston/Oakcrest community, and to obtain authorization for staff to schedule a public meeting to consider this application.

BACKGROUND:

Subject lands and area context

16 River Bend Road (the “subject property”) is located south of Highway 7, east of Oakcrest Avenue, on the north side of River Bend Road (Figure 1). The property has a lot area of 0.21 hectares (0.5 acres) and a lot frontage of 30.48 metres (100 feet). The rear of the property abuts the Rouge River and there are several trees and natural vegetation on the property. The street and neighbourhood are characterized by single family residential homes with mature vegetation. There is an existing single family dwelling on the property (Figure 3). Recently, there have been similar zoning by-law amendments and related severances approved on River Bend Road.

Proposal to create two single family residential lots

The applicant is proposing to rezone the lands to facilitate a future severance to create two single family residential lots. Each of the new lots will have a lot frontage of 15.24 metres (50 feet) and a lot area of 0.105 hectares (11,300 square feet). However, the applicant will be required to convey valley lands to the Town, which has been determined by the Toronto and Region Conservation Authority, to the rear of each of the proposed lots. This conveyance will result in buildable lots of approximately 0.075 hectares (8,000 square feet) and 0.077 hectares (8,200 square feet) (Figure 4). Each new house will be two storeys or 8.15 metres (26.7 feet) with an approximate gross floor area of 346.61 square metres (3,700 square feet) (Figure 5). The new homes will be setback approximately 15.25 metres (50 feet) from River Bend Road.

Proposal is consistent with the Official Plan

The front portion of 16 River Bend Road is designated Urban Residential with policies to maintain and improve the quality of the existing residential development. The rear portion is designated Hazard Lands which are intended primarily for the preservation and conservation of land in their natural state and which encourages the acquisition or conveyance of the lands to the Town or other authorized public agencies. The conveyance of the required Hazard Lands as determined by the Toronto and Region Conservation Authority will be achieved through the future severance of these lands. The Official Plan also provides for severances which have regard for the compatibility of the lot to be created with the present and proposed uses of adjacent areas. The proposed development is consistent with these Official Plan policies.

Zoning By-law amendment required

The front portion of 16 Riverbend Road is zoned Single Family Rural Residential (RRH) and the rear portion is zoned Open Space (O1) in Zoning By-law 122-72, as amended (Figure 2). The RRH zone requires a minimum lot frontage of 30.48 metres (100 feet) and a minimum lot area of 0.2 hectares (0.5 acres). The applicant is requesting that the developable front portion of the property be rezoned to Single Family Residential (R3) which is consistent with previous rezoning applications in the area. The R3 zone requires a minimum lot frontage of 18.29 metres (60 feet) and a minimum lot area of 0.07 hectares (7,535 square feet). The proposed lot frontage of 15.24 metres (50 feet) will not comply with the minimum lot frontage requirement and additional site-specific standards related to setbacks may be required to accommodate the proposed development. The O1 zone will remain on the rear portions of the land and any revisions to the zone boundary which may be required and determined by the Toronto and Region Conservation Authority, will be achieved through this rezoning application.

OPTIONS/ DISCUSSION:

Toronto and Region Conservation Authority approval required

The rear portion of 16 River Bend Road is located within a Regulated Area of the Rouge River Watershed as it abuts the Rouge River and therefore falls within the jurisdiction of the Toronto and Region Conservation Authority (TRCA). This application has been circulated to the TRCA as development limits need to be established for the proposed development as it is located adjacent to a valley and stream corridor. The TRCA had conducted a site visit and commented on this application. The rear portion of the property is treed with significant vegetation associated with the valleyland. The TRCA has indicated that in this particular circumstance, all lands within the staked dripline of the significant vegetation, including a 10 metre inland buffer from the approved vegetation be appropriately zoned Hazard Land/Open Space. The rear of the property is zoned Open Space (O1) and Town staff will ensure that the Open Space zone boundary encompasses all of the lands required by the TRCA in the amending by-law. The applicant has incorporated the TRCA development limit into the design proposal (Figure 4).

Conveyance of the valleylands to the Town

The applicant will be required to convey the valleylands and associated buffer for the Rouge River to the Town, as identified by the TRCA, as a condition of severance if approved. The conveyance of lands to the Town is consistent with the Official Plan policies and is consistent with previous rezoning and severance approvals along River Bend Road. The proposed portions of land to be conveyed to the Town are illustrated as Parts 3 and 4 on the proposed site plan (Figure 4).

Site plan approval required

16 River Bend Road is located within the Sabiston/Oakcrest community and the proposed development is subject to site plan approval. During the site plan approval stage Town staff will examine in more detail the interface with the valley and buffer, siting of the dwellings and relationship with the other homes on River Bend Road, and tree preservation. Town staff will also ensure conformity with the “Site Development Guidelines for the Sabiston/Oakcrest Community” which provides guidelines for built form and building siting, preservation of the natural heritage and lot frontages and lot areas. A site plan application has not been submitted to date, however, the applicant has submitted a tree inventory and preservation plan.

Review of development standards for the Oakcrest/Sabiston community

On December 4, 2007, a public meeting was held to discuss a rezoning and potential severance application on 4 Oakcrest Avenue which is located in the same community. The applicant had proposed lots with frontages of approximately 14.2 metres (46.5 feet), which did not comply with the R3 zone requirements and which resulted in public concerns being expressed that the proposed lots would not be in keeping with the character of Oakcrest Avenue. There have also been recent rezoning and severance applications on River Bend Road which permitted lots with frontages of 19.3 metres (63.3 feet) at 32 and 34 River Bend Road (formerly 18 River Bend Road), 21.48 metres (70 feet) at 56,58 and 60 River Bend Road (formerly 28 River Bend Road), and 15.29 metres (50 feet) at 62,64 and 66 River Bend Road (formerly 30 River Bend Road). The proposed 15.24 metres (50 feet) frontages would be among the smallest in the neighbourhood.

As a result of the concerns expressed by the residents about the amount and nature of rezoning and severance applications occurring in the area, Council directed staff to examine in more detail the existing development standards in By-law 122-72 as it applies to this community (including River Bend Road) with the potential to introduce more stringent development standards and guiding principles to protect the existing community. A community information meeting needs to occur among the local councillor, area residents and Town staff to help facilitate this process.

FINANCIAL TEMPLATE (external link):

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

A tree inventory and preservation plan has been submitted for review by Town staff. The required valleylands and appropriate buffer for the Rouge River will be conveyed to the Town. The Open Space (O1) zone will continue to apply to the rear portion of the property and any necessary revisions to this zone boundary will be confirmed by the TRCA and achieved through this rezoning application.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development promotes a number of key goals set out in “Engage 21^st Century Markham” by protecting and ensuring public stewardship of one of Markham’s natural features and improving the quality of the existing community.

BUSINESS UNITS CONSULTED AND AFFECTED:

This application has been circulated to the appropriate departments and external agencies and their requirements will be incorporated into the final recommendation 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

Services

ATTACHMENTS:

Figure 1- Location Map

Figure 2- Area Context and Zoning

Figure 3- Aerial Photo

Figure 4- Proposed Site Plan

Figure 5- Proposed Building Elevations

AGENT CONTACT INFORMATION:

Attn: Randal Dickie

PMG Planning Consultants

227 Bridgeland Avenue

Toronto, ON, M6A 1Y7

Tel: (416) 417-1357

Fax: (416) 787-0004