Report to: Development Services Committee Report Date: June 10, 2008
SUBJECT: PRELIMINARY REPORT
AGS Consultants Limited
Application for Zoning
By-law Amendment to permit the temporary operation of a tree service business
and the outdoor storage of new vehicles at 175
Langstaff Road East
ZA 07 130668
PREPARED BY: Sabrina
Bordone, West District Planner, ext. 8230
RECOMMENDATION:
That a public meeting be held to
consider the application submitted by AGS Consultants Limited for a Zoning
By-law Amendment to temporarily permit the operation of a tree service business
and the outdoor storage of new vehicles at 175 Langstaff Road East.
And that Staff be authorized and
directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not applicable.
The purpose
of this report is to provide preliminary information regarding an application
submitted by AGS Consultants Limited to temporarily permit the operation of a
tree service business and the outdoor storage of new vehicles at 175
Langstaff Road East and to recommend that a Public
Meeting be held to consider the application.
Property and Area Context:
The 0.405 ha
(1.0 ac) subject property is municipally identified as 175 Langstaff Road East
and is located on the south side of Langstaff Road East, east of the CN Railway
line in the Thornhill Secondary Plan Area (see Figure 1). The subject lands currently support a
one-storey residential dwelling, constructed in 1965, which has been converted
into an office for an existing tree service business. The majority of the subject property is
covered in gravel/crushed rock and the rear yard is currently being used for
the outdoor storage of new vehicles.
To the west
of the subject lands is an automotive repair shop. To the east is a single detached dwelling
that is currently being used for tool sales.
The rear yard of this adjoining property is also being used for the
outdoor storage of new vehicles. To the
north is Highway 407. To the south are
rural industrial uses and the Holy Cross Cemetery (see Figures
2 & 3).
Proposal is for temporary use permission to allow for
the operation of a tree service business and the outdoor storage of new
vehicles
The applicant
is proposing to amend the Zoning By-law to permit the operation of an existing
tree service business and outdoor storage of new vehicles in the rear yard, including
the use of the existing one-storey dwelling for office purposes on a temporary
basis. The applicant has advised that
they purchased the subject property in September 2007 and that the existing
uses have remained on the subject lands for over ten years.
Official Plan
The subject
lands are designated Urban Residential
in the Official Plan and are further refined by the Thornhill Secondary Plan to
Medium Density Housing. The subject property is situated within the
Langstaff Redevelopment Area, as identified in Section 14.1 of the Thornhill
Secondary Plan, which details the policy for lands within this area. The general intent of the Medium Density Housing designation is to
provide for new residential communities comprised primarily of multiple forms
of residential uses. This designation
applies to the majority of lands located to the east of the CN railway to Bayview
Avenue, excluding the Langstaff Woodlot.
Industrial or
commercial uses and open storage are not provided for in the Urban Residential
or Medium Density Housing designations.
However, both the Official Plan and Thornhill Secondary Plan include
policies to provide for uses that do not conform, on a temporary basis,
provided the proposed use meets the conditions identified in Section 7.3 e) of
the Official Plan and Section 14.3 of the Thornhill Secondary Plan.
Zoning
The current
zoning is Rural Industrial with a
holding provision [(H)R.IND.]. This category permits industrial uses,
including manufacturing, processing, packaging, bottling, printing,
repairing or warehousing which are conducted wholly within enclosed buildings
and which are not dangerous, obnoxious, or require municipal water supply or
municipal sanitary sewers. Show rooms
and offices are also permitted under the R.IND zone category. Retail sales, providing that they are accessory
to permitted wholesale outlets and industrial uses conducted on the same
premises, are allowed. Open storage, of
only new goods and materials is permitted in the rear yard, providing that
goods and materials are being used in conjunction with a permitted rural
industrial use. An amendment to the
Zoning By-law is being requested to temporarily allow for the operation of a
tree service business and the outdoor storage of new vehicles.
Staff is undertaking Master Plan and Secondary Plan
Amendment process for the Langstaff area
On September 18, 2007 staff
brought forward to Development Services Committee a report entitled “Town
Initiated Official Plan Amendment, Development Principles for the Langstaff
Area, and Initiation of a Master Plan and Secondary Plan Amendment Process for
the Langstaff Area”. In this report,
staff provided background on the Langstaff area and offered a summary of the
following: i)
the changes in land use and infrastructure that have occurred since the introduction
of the current Langstaff Redevelopment Area policies to the Thornhill Secondary
Plan, ii) the changes to planning policy and legislation in the past few years
that directly influence the redevelopment potential for the Langstaff area, and
iii) the increase in landowner and developer interest in redeveloping the
Langstaff area.
In this
report, staff also recommended that new development in the Langstaff area
should be based on development principles and practices that will create an
attractive, efficient and liveable self-contained community, characterized by
mixed land-use and transit oriented density.
In order to achieve this, staff recommended that Council adopt an
Official Plan Amendment to designate the Langstaff Area as an Urban Growth
Centre in the context of the Growth Plan for the Greater Golden Horseshoe, as
well as development principles for the future growth of this centre. It was also recommended that the Town retain
a leading Urban Design Architectural/Planning firm and sub-consultants to
prepare the Master Plan and technical studies, such as transportation,
servicing and environmental, which will then be translated into a new Secondary
Plan for the area. Work on this Master
Plan will begin shortly.
Previously denied Temporary Use By-law applications
settled outside of the Ontario Municipal
Board
Over the
years a number of uses within the Langstaff area, between the CN Railway line
and Bayview Avenue, have been operating illegally and have been charged under
the Provincial Offences Act in an
effort to bring the uses of the properties into conformity with the Zoning
By-law. The property owners responded
with applications for Temporary Use By-laws.
Council had denied all of the Temporary Use applications, indicating
that it was important for the properties to be dealt with in a consistent
manner and for overall area redevelopment to occur. The refusals were then appealed to the Ontario
Municipal Board (OMB).
On November 13, 2007, Council
heard representation from a solicitor for one of the property owners in the
Langstaff area, who indicated that substantial investment in property
consolidation was currently underway with a view to comprehensive
redevelopment. It was also stated that the
revenue stream from the existing uses of the lands was essential to the program
of property acquisition and that the landowners were prepared to limit their
continuation of the existing uses to the greater of three years or the date of
the adoption of the new secondary plan for the area, provided that servicing allocation
was also available, to permit a timely redevelopment of the area.
The matters appealed
to the OMB were settled outside of a hearing in January 2008. The Minutes of Settlement, which outline the
terms of the negotiation agreed upon between the parties, are attached as
Appendix A to this report.
No direct
financial impacts on the Town have been identified at this time.
Not
applicable.
Not
applicable.
The
application has been circulated to various Town departments and external
agencies and is currently under review.
RECOMMENDED BY:
_______________________________
____________________________
Valerie
Shuttleworth, MCIP, RPP Jim Baird, MCIP,
RPP
Director of
Planning & Urban Design
Commissioner, Development Services
\\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\14212574009.DOC
ATTACHMENTS:
Figure 1: Location Map
Figure 2: Air Photo (2007)
Figure 3: Area Context/Zoning
Figure 4: Survey
Appendix A: Ontario
Municipal Board – Minutes of Settlement
APPLICANT/CONTACT:
Mr. Michael Montgomery
AGS Consultants
10080 Kennedy Road
Markham, ON L6C 1N9
Tel: (905) 887-0090
ext. 409
Fax: (905) 887-5197