Report to: Development Services Committee Report Date: April 8, 2008

SUBJECT: PRELIMINARY REPORT

Forest Bay Homes. Zoning By-law Amendment Application to permit two semi-detached residential lots on Monique Court

File No. ZA 08 107567

PREPARED BY: Nilesh Surti, Senior Planner, ext. 4190

RECOMMENDATION:

That the report dated April 8, 2008 entitled “PRELIMINARY REPORT, Forest Bay Homes. Zoning By-law Amendment application to permit two semi-detached residential lots on Monique Court” be received.

And That Staff be authorized to schedule a statutory Public Meeting to consider the Zoning By-law amendment application.

EXECUTIVE SUMMARY:

Not applicable

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

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to provide preliminary information regarding this application and to recommend that a statutory public meeting be held with respect to the Zoning By-law Amendment application.

BACKGROUND:

Property and Area Context

The 0.2 ha (0.49 ac) property is located on the north side of Monique Court east of Markham Road with frontage on both Markham Road and Monique Court and access from Monique Court (See Figure 1). The property presently supports an existing heritage house, known as the William Robb House, which is discussed in detail below. There is no significant vegetation or natural features on site.

Abutting the subject lands to the east and to the north are semi-detached dwellings. To the south, across Monique Court, and to the west, across Markham Road, are semi-detached and single-detached dwellings (See Figure 2 and 3).

William Robb House

The air photo (See Figure 3) shows the William Robb House located on the subject lands. The William Robb House, a fieldstone farmhouse built in 1853, is designated under Part IV of the Ontario Heritage Act. The building is also protected by a Heritage Easement Agreement registered on June 9, 2003. On May 10, 2007 the Director of Planning and Urban Design endorsed a site plan application for the relocation and restoration of the Robb House, and the construction of a detached garage. In the summer of 2007, the house was permitted to be moved closer to Markham Road to allow the easterly portion of the property to be developed for residential dwellings. During the moving process the heritage house was severely damaged.  The Town is currently working with the owner to review options to restore the house. 

Proposal to permit two semi-detached lots

As indicated above, the applicant recently moved the William Robb House closer to Markham Road to permit additional dwellings on the easterly portion of the property. Accordingly, the proposed zoning by-law amendment is to rezone the easterly portion of the property from Ninth Density – Single Detached Residential (R9) to Fifth Density – Semi Detached Residential (RSD5) to permit two semi-detached lots (a total of four semi-detached units). A part lot control exemption application has also been submitted to create the proposed semi-detached lots. The westerly portion of the property, which will contain the William Robb House and the detached garage, will remain zoned as Ninth Density – Single Detached Residential (R9). The William Robb House is intended to be used as a residential dwelling. Access for all of the lots will be from Monique Court.

OPTIONS/ DISCUSSION:

Official Plan and Zoning

The Town’s Official Plan designates the subject lands “Urban Residential” and the Armadale East Secondary Plan (PD 24 – 2) designates the lands as “Urban Residential – Low Density”. The current designations provide for the proposed development.

The subject lands are presently zoned Ninth Density – Single Detached Residential (R9) under By-law 90-81, as amended, which only permits single-detached dwellings. The proposal to rezone the easterly portion of the property to permit two semi-detached lots would be consistent with the zoning of other properties on Monique Court.

Potential Benefits of Approval of the Proposal

The proposed Zoning By-law amendment would provide the following benefit:

· The proposal is an infill residential development with built form compatible with the existing residential dwellings in the immediate area. The proposed development can be considered as maximizing the development potential of this infill lot.

Concerns/Issues to be resolved

The following is a brief summary of concerns/issues raised to-date. These matters, and any other identified through the circulation and detailed review of the proposal, can be addressed in a final staff report to be presented to Committee at a later date.

• In accordance with Council policy servicing allocation is not required for severance/part lot control applications to create three new lots or less. The proposed development will create a total of five new lots. Therefore, servicing allocation is required for one (allocation is not required for the existing heritage house) unit.

Conclusion

Staff recommend that a statutory public meeting be held to consider this application

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

There is no environmental issues at this time.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

The proposal rezoning application will assist with the implementation of the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to various Town departments and external agencies and is currently under review. Requirements of the Town and external agencies will be reflected in the preparation of the Zoning By-law amendment.

RECOMMENDED BY:

_______________________________ _________________________________

Valerie Shuttleworth, M.C.I.P., R.P.P. Jim Baird, M.C.I.P., R.P.P.

Director of Planning and Urban Design Commissioner of Development Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo 2007

Figure 4 – Site Plan

AGENT: Mr. Clay Leibel

Forest Bay Homes

1151 Denison Street, Unit 18

Markham ON L3R 3Y4

Tel: 905-946-1444; Fax: 905-479-2934

File Path: Q:\Development\Planning\APPL\Zoning\ZONING\08 107567 (56 Monique Court)\Preliminary Report.doc