Report to: Development Services Committee Report Date: September 16, 2008

SUBJECT: Preliminary Report

Michael Chiavatti Construction Limited.

Zoning By-law Amendment to permit a residential development consisting of 4 single detached dwellings at 4954 14^th Avenue.

ZA 07 128530

PREPARED BY: Anna Henriques, Planner II – Central District

RECOMMENDATION:

That the staff report entitled “Preliminary Report: Michael Chiavatti Construction Limited. Application to amend the zoning by-law to permit a phased residential development consisting of 4 single detached residential dwellings, 4954 14th Avenue (ZA 07 128530) be received;

And that a Public Meeting be held to consider the zoning amendment application (ZA 07 128530);

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)

The purpose of this report is to provide preliminary information on an application submitted by Michael Chiavatti Construction Limited for a zoning by-law amendment at 4954 14^th Avenue and to recommend that a statutory Public Meeting be held to consider the application.

Complete application date

This application for zoning amendment was deemed complete on June 26, 2008.

Site and Area Context

The subject property is located on the north side of 14^th Avenue, west of Mc Cowan Road. The property is approximately 0.28 hectares (0.68 acres) in size and is a through lot with frontage onto 14^th Avenue and Tillie Square (Figure 1). The site contains a one storey single detached dwelling fronting onto 14^th Avenue and several mature trees.

Surrounding land uses include existing single family residential to the south, (across 14^th Avenue), east, west and north. Canning Corner Park is also located north of the subject lands.

The proposed Zoning By-law amendment is being sought in order to facilitate the future division of the land and the construction of 4 single detached residential dwellings in 2 phases. Phase 1 will consist of 2 single detached dwellings on the north side of the subject property, fronting onto the south side of Tillie Square (Figure 4). Phase 2 will consist of 2 single detached dwellings on the south side of the subject property, fronting onto the future extension of Tillie Square to the south. The extension of Tillie Square (parallel to 14^th Avenue) is also contemplated as part of Phase 2. The proposed lots will have frontages of approximately 15.24 metres (50 feet) and lot areas of approximately 531 square metres (0.13 acre). A HOLD provision will be placed on the Phase 2 lands until a subdivision or development agreement has been executed, to provide for the future extension of Tillie Square.

There is an option to create the proposed 3 new lots through consent, rather than through a plan of subdivision, with a development agreement to secure for the proposed extension Tillie Square. This option will allow the applicant to proceed without the need for servicing allocation. Consistent with the February 15, 2005 report on servicing allocation, a maximum of 3 new lots are exempt from servicing allocation restrictions. Staff will to review both options with the applicant to determine the best way to proceed with this proposal.

OPTIONS/ DISCUSSION:

Official Plan and Zoning

The subject property is located within the Armadale Planning District and is designated “Urban Residential” in the Official Plan and zoned RD (Residential Development) pursuant to by-law 90-81, as amended (Figure 2). The designation and zone category both permit the proposed single detached dwellings. A Zoning By-law amendment is required for the proposed lot frontages and areas. The RD zone requires a minimum lot frontage and lot area as it existed on the date of passing of the bylaw (amending by-law 119-87, adopted by Council March 24, 1987). The site has a lot frontage of 30.48 metres (100 feet) and a lot area of 2787 square metres (0.69 acre). The applicant is proposing to re-zone the lands to R9 (Residential) pursuant to By-law 90-81, as amended, consistent with similar residential lots in the area. The R9 zone category requires a minimum lot frontage of 12 metres (39.3 feet) and a minimum lot area of 371.5 square metres (0.1 acre).

Engineering and Servicing Matters

There is a one foot reserve (0.3m) along the rear of the property, fronting onto Tillie Square. The one foot reserve will only be lifted once the Owner has demonstrated to the Town that all applicable recoveries have been paid in full.

There is an existing well and septic system serving the dwelling on site. The septic system encroaches onto the proposed 2 new lots fronting onto the north side of Tillie Square. The septic system will need to be removed and the well decommissioned prior to approval of this application.

Tree inventory and preservation

As mentioned previously, there are several mature trees on the subject property. A tree inventory and preservation plan has been submitted for review and approval by staff. Efforts will be made to save as many trees as possible and to incorporate them into the proposal where ever possible.

Potential Benefits of Approval of Proposal:

The proposed development will complete and be consistent with the existing pattern of development in the area.

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 Committee at a later date

Tree inventory and preservation plan to be reviewed and approved by staff. Revisions to the proposed building sitings and setbacks may be required to preserve some trees;
Securing for the dedication of the extension of Tillie Square;
Determining phasing and conditions of HOLD removal, if required;
Determining whether lots to be created through severance or plan of subdivision.

It would be appropriate to hold a Public Meeting to obtain further comments on this application.

FINANCIAL TEMPLATE (external link):

There are no financial implications for the Town in this report.

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

ENGAGE 21^ST CONSIDERATIONS:

The proposal is in keeping with Town of Markham’s Corporate Goal of managed growth by providing a framework for the timely delivery of well-planned new communities that are phased and coordinated with the provision of infrastructure.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to internal departments and external agencies for comment.

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

Lorne Ross Planning Services Inc.

Mr. Carl Januszczak

1920 Ellesmere Road, Suite 104

Tel: 416-431-3730

Fax: 416-431-3493

File path: Amanda\File 07 128530\Documents\Preliminary Report