Report to: Development Services Committee Report Date: June 16, 2009

SUBJECT: PRELIMINARY REPORT

AGS Consultants Ltd.

Zoning By-law Amendment application to permit temporary outdoor storage of new vehicles at 11 and17 Essex Avenue.

ZA. 08-128290

PREPARED BY: Teema Kanji, Senior Planner

West District

RECOMMENDATION:

1. That the report dated June 16, 2009, entitled “AGS Consultants Ltd. Zoning By-law Amendment application to permit temporary outdoor storage of new vehicles at 11 and 17 Essex Avenue (ZA 08-128290)”, be received;

2. That a public meeting be held to consider the application submitted by AGS Consultants Limited for a Zoning By-law Amendment to permit temporary outdoor storage of new vehicles at 11 and 17 Essex Avenue;

3. 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 regarding an application submitted by AGS Consultants Limited to permit temporary outdoor storage of new vehicles at 11 and 17 Essex Avenue and to recommend that a Public Meeting be held to consider the application.

Complete Application

The Zoning By-law Amendment was deemed complete on May 12, 2009.

BACKGROUND:

The 2.0 acre (0.81 ha) property is located on the south side of Langstaff Road East, on the west side of Essex Avenue in the Thornhill Secondary Plan Area, municipally known as 11 and 17 Essex Avenue (Figure 1). There is an existing 11/2 storey dwelling located on 17 Essex Avenue. The applicant has applied for a demolition permit to remove the existing dwelling on the property.

Adjoining the property are the following uses (Figure 3):

· Vehicle storage and landscaping and snow removal business to the north

· Vehicle storage to the south and east

· Light industrial and contractors yard to the west side of Essex Avenue

Applicant has been fined for removing trees on the property without a permit

In February, 2009 the Town initiated legal action against the applicant for removing trees from the site without a permit. The applicant has been charged and fined under the Tree By-law.

Proposing temporary outdoor storage of new vehicles

The applicant is proposing to amend the Zoning By-law to permit temporary outdoor storage of new vehicles on the subject lands. The lands can accommodate approximately 70 to 90 vehicles.

Official Plan permits temporary uses

The subject lands are designated URBAN RESIDENTIAL in the Official Plan and Medium Density Housing in the Thornhill Secondary Plan. The general intent of the Medium Density Housing designation is to provide for new residential communities comprised primarily of multiple forms of residential uses. The lands are also within the Langstaff Redevelopment Area of the Thornhill Secondary Plan

Industrial or commercial uses and open storage are not provided for in the above noted designations. However, the Official Plan and Thornhill Secondary Plan include policies to authorize the temporary use of land that is not permitted under the land use designation.

Zoning By-law amendment permitting temporary use required

The current zoning is Rural Industrial with a holding provision [(H) R.IND], under By-law 2551, as amended. This category permits:

Industrial uses (manufacturing, processing, packaging, warehousing etc.),
Show rooms and offices
Retail sales accessory to permitted wholesale outlets
Open storage of new goods and materials permitted in the rear yard, provided the materials are used in conjunction with a permitted rural industrial use

A zoning by-law amendment is required to temporarily permit the outdoor storage of new vehicles.

OPTIONS/ DISCUSSION:

Other temporary use by-laws will expire on June 4, 2011

The subject lands are located within the Langstaff Area, which is in a state of transition and a Master Plan is currently being finalized for this area.

Over the years a number of uses within the Langstaff Area, between the CN Railway line and Bayview Avenue, have been operating illegally. In an effort to bring the uses of the properties into conformity with the Zoning By-law, a number of property owners within the Langstaff Area were charged under the Provincial Offences Act.

The property owners responded with applications to the Town for temporary use by-laws. Council denied all the temporary use applications, indicating that it was important for the properties to be dealt with in a consistent manner to ensure comprehensive redevelopment of the Langstaff Area. The refusals were appealed to the Ontario Municipal Board.

In June 2008, the Ontario Municipal Board approved five temporary use by-laws for properties within the Langstaff Area, subject to terms and conditions. These By-laws were subject to an expiry date of June 4, 2011. The Town has been requiring that all temporary By-laws within the Langstaff Area be subject to the same expiry date of June 4, 2011. The coincident expiration of all the temporary use by-laws is necessary, in part to facilitate the future redevelopment to implement the new Langstaff Master Plan.

The Town will only permit extension to temporary use by-laws in the Langstaff area beyond June 4, 2011 if:

An official plan amendment for the redevelopment of Langstaff has not been approved and/or
Allocation of servicing capacity has not been made available to the lands.

FINANCIAL TEMPLATE (external link):

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES

Not applicable.

BUSINESS UNITS CONSULTED AND AFFECTED:

Not applicable.

CONCLUSION:

It would be appropriate to hold a public meeting to obtain information on this application.

RECOMMENDED BY:

_______________________ ________________________

Biju Karumanchery, M.C.I.P, R.P.P Jim Baird, M.C.I.P, R.P.P

Senior Development Manager Commissioner, Development Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Aerial Photo

Figure 3 – Area Context/Zoning

Figure 4 – Proposed Site Plan

AGENT/CONTACT INFORMATION:

Angus Glen Tel: (905) 887-5799

Michael Montgomery Fax: (905) 887-5197

10080 Kennedy Road

File path: Amanda\File ZA 08128290\Documents\PreliminaryReport