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.

 

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

 

5. Others (HR, Strategic, Affected Units)                                   6. Attachment(s)

 

PURPOSE:

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).   

 

 

 

 

BACKGROUND:

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. 

 

 

OPTIONS/ DISCUSSION:

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.

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

No direct financial impacts on the Town have been identified at this time.

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not applicable.    

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

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        

 

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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