Report to: Development Services Committee Date of Meeting: June 6, 2006

SUBJECT: RECOMMENDATION REPORT

Applications for Draft Plan of Subdivision Approval and Rezoning by Majorwood Developments Inc. 2938 Major Mackenzie Drive East, West side of Woodbine Avenue north of Major Mackenzie Drive, West Cathedral Community, File Nos. SU 02 118584 and ZA 02 118517.

PREPARED BY: Ron Blake, Manager of Development

West District Team

Extension 2600

RECOMMENDATION:

THAT the report entitled: “RECOMMENDATION REPORT: Applications for Draft Plan of Subdivision Approval and Rezoning, Majorwood Developments Inc., 2938 Major Mackenzie Drive East, West side of Woodbine Avenue north of Major Mackenzie Drive, West Cathedral Community, File Nos. SU 02 118584 and ZA 02 118517”, be received

THAT the record of the public meeting held on June 7, 2005, relating to the application by Majorwood Developments Inc. 2938 Major Mackenzie Drive East, West side of Woodbine Avenue north of Major Mackenzie Drive, be received;

THAT Draft Plan of Subdivision 19TM-02015 prepared by Templeton Planning Limited, identified as drawing number 19TM-02015 and dated May 6, 2006, to permit 97 residential units, 4.51 ha of employment land and 0.23 ha of Community Amenity area land be approved subject to conditions of draft plan approval and the red-line revisions set out in Appendix ‘A’ to this report;

THAT the Director of Planning and Urban Design be directed to issue draft approval when the following requirement has been complied with:

· That the Owner enter into an agreement with the Town, applying specifically to Block 64 of draft plan 19TM-02015, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject block, until the following conditions have been met:

1. The Environmental Assessment Study for the Highway 404 off ramp extension has been approved by Markham, and the appeal period has expired without a Part 2 Order (Bump-up);

2. If required, the draft plan has been revised, to the satisfaction of the Town of Markham and the Region of York, to reflect any changes to the subject block and to identify the approved alignment of the Highway 404 off-ramp extension as a public road in accordance with the approved Highway 404 off-ramp extension Environmental Assessment Study; and,

3. The abutting owners have entered into an agreement with the Town, and other public agencies as required, or other suitable arrangements have been made to the satisfaction of the Town, to either construct the Highway 404 off ramp extension (excluding the overpass structure), or to construct an extension of Nichols Boulevard from Major Mackenzie Drive to the southern boundary of the subject lands.

THAT the Mayor and Clerk be authorized to execute a Parkland Conveyance Agreement between the Town and the Cathedral West Landowners Group, in a form satisfactory to the Town Solicitor and the Commissioner of Development Services.

THAT the applications to amend zoning by-laws 304-87 and 177-96 be approved and the implementing by-laws set out in Appendix ‘B’ to this report to this report be enacted;

THAT the applicants agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

THAT the applicants be granted a servicing allocation of 97 units, such allocation to be from the total allocation for the Cathedral community, in accordance with the February 15 and November 22, 2005, reports on servicing allocation;

THAT the Region of York be advised of the servicing allocation for this development;

THAT the Town reserve the right to revoke or reallocate servicing supply to the draft plan of subdivision should the development not proceed in a timely manner;

AND THAT the applicant submit the required 30% subdivision processing fee in accordance with the Town’s Fee By-law (By-law 2005-357);

AND FURTHER THAT the draft plan approval for plan of subdivision 19TM-02015 will lapse after a period of three years commencing on the date of issuance of draft plan approval, in the event that a subdivision agreement is not executed within that period.

EXECUTIVE SUMMARY:

The 14.32 hectare (35.37 ac.) site is located north of Major Mackenzie Drive, on the west side of Woodbine Avenue.

The proposed detached and semi-detached lots within Phase 1 comply with the uses and density (17 to 37 units per hectare) provided for in the Urban Residential - Low Density designation in the Official Plan. A zoning by-law amendment is required to implement the draft plan, and is attached as Appendix ‘B’ to this report.

The first phase of the draft plan of subdivision proposes 97 residential units in the form of detached (34 units), semi-detached (58 units) and 5 reserve units. This phase also includes a 2.75 ha (6.8 acre) stormwater management pond and a 0.30 ha (0.74 acre) portion of a neighbourhood park located north east of the By-pass. In addition, 4.51 ha (11.14 acres) of employment land and a 0.23 ha (0.57 acre) Community Amenity Area block are included in the draft plan. Servicing allocation has been granted only for Phase 1. The employment lands do not require servicing allocation. The second phase will not be approved until additional servicing capacity becomes available.

A statutory Public Meeting was held on June 7, 2005, to consider six draft plans of subdivision and companion zoning by-law amendment applications within the West Cathedral Community.

Staff are generally satisfied with the configuration of the draft plan of subdivision and recommend that the plan be draft approved, subject to the conditions above and in Appendix ‘A’.

FINANCIAL CONSIDERATIONS:

Not applicable

Site location and area context

The 14.32 hectare (35.37 acre) site is located between Woodbine Avenue and Highway 404; the Cathedral Town South subdivision to the north; and a future large-format retail development, which fronts onto Major Mackenzie Drive, to the south. Existing and proposed land uses surrounding the subject lands include a new residential community on the east side of Woodbine Avenue (the East Cathedral Community) which is currently under construction; mixed use, low density residential to the north (the Cathedral Town South subdivision); and employment lands along the Highway 404 corridor. Prestige employment uses are also proposed on the west side of Highway 404 in the Town of Richmond Hill. The subject lands and the surrounding area are shown in Figures 2 and 3.

The draft plan of subdivision proposes a mix of detached and semi-detached dwellings in Phase 1, with the addition of townhouse dwellings in Phase 2. Most units will be on conventional lots, while a small area of lane-based product on the east side of Street ‘A’ is proposed for Phase II. A small parcel of parkland, to be developed in association with a large neighbourhood park on the property to the north, is included in Phase I. A second neighbourhood park west of Street ‘A’ will be developed in Phase II, also in conjunction with the subdivision to the north. A large stormwater management pond is located on the east side of the property adjacent to the by-pass, and an employment area is located between Markland Street and Highway 404.

A mixed residential/employment subdivision is proposed

The Phase 1 draft plan of subdivision consists of the following elements:

	Hectares	Acres
Gross Site Area	14.32	35.37
Roads	3.46	8.55
Neighbourhood Park	0.30	0.74
Stormwater Management Pond	2.75	6.79
Overland Flow	0.02	0.05
Community Amenity Area	0.23	0.57
Business Corridor	4.51	11.14
0.3 m reserves	0.01	0.03
Net Residential Area	3.04	7.50
Net Non-residential Area	11.28	27.87
Single Detached Units (includes 5 residential reserve units) Townhouse Units Total Residential Units	39 58 97

Net Residential Density: Low (units per hectare/acre in relation to net site area)	31.91	12.93

As shown in Figure 4, the Phase 1 draft plan proposes a mix of detached and semi-detached dwellings in conventional lot configurations. Typical lot depths are approximately 30 metres and typical frontages are 11.6 metres for detached and 15 metres for semi-detached lots. The detached dwellings are located near the stormwater management pond, and the semi-detached units are located at the south end of the subdivision near the commercial plaza to the south. The phase II subdivision will consist of mostly townhouse units located on the west side of Street ‘A’ north of Markland.

The plan also proposes an employment corridor between the Woodbine Avenue By-pass and Highway 404. This employment area conforms to the Cathedral Community Secondary Plan (OPA 42) and the approved Community Design Plan for the West Cathedral Community. In accordance with a recent Ontario Municipal Board settlement, a portion of the proposed retail development to the south will extend in the Majorwood development east of Markland Street (Block 69).

Staff are satisfied with the proposed phasing strategy

The draft plan of subdivision delineates Phase I and Phase II areas. Due to the servicing allocation limit of 800 units, granted to the West Cathedral Community by Council in February and November 2005, only the Phase I portion of the draft plan of subdivision is to be approved and zoned at this time. Approval of the Phase II portion of the draft plan must be deferred until additional servicing allocation becomes available.

Statutory public meeting for all the West Cathedral Community draft plans of subdivision held on June 7, 2005

A number of local residents spoke at this meeting. Key comments relating to this application included:

· Need for a well monitoring program during construction;

· Need for a streescape plan for Victoria Square;

· Support for the Woodbine Avenue By-pass and the reduced traffic along old Woodbine that would result;

· Future extension of municipal water services to Victoria Square;

· Need for comprehensive planning in the West Cathedral Community (schools, parks, open space and environmental planning);

· Servicing allocation;

· Impact of Construction Vehicles on Victoria Square.

These issues are addressed in subsequent sections of the report.

Draft plan conforms to the Cathedral Community Secondary Plan

The Cathedral Community Secondary Plan (OPA #42), approved in 1997, contemplates development of a mixed-use community on approximately 310 hectares (765 acres) in northwest Markham. The Secondary Plan was recently amended to incorporate the Woodbine By-pass and other infrastructure elements; changes in the Land Owners’ development concepts for the Community; and evolving environmental standards and stormwater management practices. The proposed draft plan of subdivision conforms to the Secondary Plan, as amended.

The subject lands are designated Urban Residential - Low Density; Urban Residential - Medium Density, Open Space (Neighbourhood Park); Open Space (Stormwater Management Pond); and Business Corridor Area Area by OPA 42, as amended. The proposed subdivision conforms to the land use pattern set out in the Secondary Plan.

Applications for amendments to the zoning by-law are required

Development of the subject lands is currently governed by the Town’s Rural Area By-law (304-87), which zones the lands Agricultural One (A1). The proposed development is not permitted by this By-law, and the subject lands will have to be deleted from the Town’s rural Area By-Law (304-87) and incorporated into the Urban Expansion Area By-law (177-96).

The draft zoning by-law amendment, attached as Appendix B to this report, proposes to zone the residential areas within the Residential Two [R2] category of By-law 177-96. The employment lands are proposed to be zoned under the Business Corridor Area zone of By-law 177-96. The neighbourhood parks and the Stormwater Management Pond are zoned OS1 in the draft by-laws.

In addition, the draft zoning by-law applies a Holding Provision (H3) zone to Block 68 in the Business Corridor area. Prior to removal of the (H3), only existing uses are permitted. The by-law establishes that the (H3) will not be removed until the Town has approved an Environmental Assessment study for the 404 off ramp extension (and there has been no request for a bump-up); if required, the draft plan has been revised to reflect the recommendations of the design study; and the Landowner’s Group has entered into an agreement to either construct the 404 off-ramp extension or the extension of Nichols Boulevard.

The zoning by-law also applies a Holding Provision (H4) zone to Block 68, the Community Amenity Area lands on the east side of the by-pass. Prior to removal of the (H4), the Woodbine Avenue By-pass must be built to its ultimate alignment, such that the temporary ‘T’ intersection to be located on the Block is no longer required.

Key issues raised at the public meeting, as they apply to the subject draft plan, are addressed through conditions of draft plan approval

· Streetscape study for Victoria Square: this issue was raised at the public meeting for the subject application, but was originally raised by the residents of Victoria Square at the time of the public meetings leading up to the 1997 Secondary Plan. At that time, the landowners indicated that they would be prepared to fund such a study, but not to pay for the actual streetscape improvements. A method for initiating the study was not identified at that time. An Environmental Assessment (EA) will be undertaken by the Town in 2007/2008 for the existing section of Woodbine Avenue between the north limit of the Woodbine Avenue By-Pass (north of Victoria Square) to the south limit at the intersection of Major Mackenzie Drive. The above noted Streetscape Study will be included with the EA. To date all subdivisions within the East and West Cathedral communities have contributed a pro-rated share towards this study at the time of execution of the subdivision agreement. Staff recommend that the same approach be applied to this draft plan, and have included a condition to this effect in the conditions of draft plan approval set out in Appendix A. The reconstruction of Old Woodbine Avenue is included in the area-specific Development Charges By-laws for the Cathedral Community and the 404 North Employment Lands, and will be funded through a combination of development charges and tax revenue.

· Victoria Square by-pass: the Woodbine Avenue By-pass travels through the middle of this subdivision. The detailed alignment of the by-pass may require alterations to the configuration of the landscape buffer and possibly the townhouse blocks fronting the by-pass. This issue is addressed in greater detail later in the report.

· Traffic impacts on existing Woodbine Avenue: Victoria Square residents are also concerned about increasing traffic along the existing Woodbine Avenue, which travels through the middle of Victoria Square. Woodbine Avenue will become a Town road following completion of the proposed Woodbine by-pass as it will no longer function as a regional arterial. When the by-pass is complete, traffic levels on the road should be reduced significantly. Town staff will continue to work with landowners and local residents to explore a variety of options to minimize traffic impacts on the existing Woodbine Avenue alignment and the residents of Victoria Square.

· Future extension of municipal water services to Victoria Square: There will be an opportunity to extend services into Victoria Square as development within the Cathedral Community proceeds on both the east and west sides of Woodbine Avenue. Sewer and water mains will be sized to accommodate future servicing of Victoria Square. The actual servicing of individual properties will be at the cost of individual landowners, through Local Improvement Charges or Section 391 of the Municipal Act or similar mechanisms.

· Need for comprehensive planning of the Cathedral Community: In addition to the Cathedral Community Secondary Plan, which was recently updated and amended, and the comprehensive West Cathedral Community Design Plan (approved by Council in June 2004), the Landowner’s Group has prepared detailed, community-wide background studies as required by the Cathedral Secondary Plan. These studies have been completed to the Town’s and other agencies’ satisfaction. The status of these studies is addressed in more detail below.

· Servicing allocation: The draft plan is limited to a total of 97 residential units (including 5 units allocated to the 10 part blocks to be developed in conjunction with the Cathedral Town South subdivision to the north), which is part of the original 800 units granted to the Cathedral Town landowers by Council in February and November 2005. The non-residential components of the draft plan are not subject to servicing restrictions.

· Impacts of construction vehicles on Victoria Square: Residents have expressed concerns about the impact of construction vehicles on Victoria Square. The conditions of draft plan approval require the owner to direct construction vehicles away from Victoria Square and the Woodbine Avenue/Elgin Mills intersection. The subdivision agreement will contain detailed restrictions in this regard.

The community-wide background studies have been approved by the appropriate agencies and Town Departments

The Secondary Plan requires that the following community-wide background studies be prepared prior to any draft plan approval in the Cathedral Community:

· Master servicing plan

· Development Phasing Plan

· Tree Conservation Plan

· External Traffic Study

· Noise Study

· Community Design Plan and Parks Master Plan

· Cultural Heritage Resource Study

· Environmental and Stormwater Management Plan/EIS

All of the above studies have been submitted and approved by the appropriate outside agencies and Town Departments.

The applicant has submitted the required subdivision-specific background studies

The May 17, 2005 preliminary report identified a series of background studies that were to be submitted prior to draft plan approval, including:

· Functional servicing study (including grading plan);

· Noise impact study;

· Internal Traffic Study;

· Stormwater Management Study;

· Cultural Heritage Resource Study;

· Site and Grading Specific Tree Preservation Plans;

· Phase 1 Environmental Assessment;

· Hydrogeological Study;

· Lotting distribution plan – a rendered concept plan which identifies the lotting mix within each draft plan area. The Town is looking for a mix of lot sizes within each residential street or block.

· Housing prototype review – conceptual housing prototypes should be reviewed with the town prior to the finalization of the Architectural Control Guidelines. We wish to understand the impact of various housing types on lot size and configuration.

These studies have been submitted by the applicant, and are currently under review by Town staff. The approval of the above noted studies will be required as conditions of draft approval.

Design issues identified in the preliminary report have been addressed

The preliminary report identified several outstanding issues regarding the design of the subdivision, including the need to develop a strategy for delivery of the by-pass; the need to resolve the transition and mix of units between the Majorwood subdivision and the Cathedral Town South subdivision along Street ‘A’; the need to complete further design studies of the Highway 404 off-ramp extension prior to permitting pre-sale of draft approved blocks, and releasing the affected blocks and road allowances for registration. These issues have been addressed as follows:

· Detailed strategy for delivery of the by-pass

Council authorized staff in March 2005, to finalize a tri-party agreement between the Region, the Town and the Cathedral Landowners’ Group, to advance the construction of the Woodbine Avenue By-pass. The agreement advances the construction schedule of Phase 1 and 2a of the By-pass from its current date of 2011/2012 to 2007/2008. Detailed conditions are set out in the tri-party agreement.

The Region of York requests that prior to draft plan approval, the Cathedral West Landowners Group enter into an agreement with the Region for the construction and completion of the Woodbine Avenue By-pass, as outlined in the report adopted by York Region Council at its meeting on June 23, 2005 and revised on February 16, 2006.

At the May 23, 2006 meeting, Town of Markham Council adopted a resolution that the precondition requested by the Region be incorporated instead as a condition of draft plan approval. This change has been reflected in the conditions of draft plan approval attached as Appendix ‘A’ to this report.

The parties have prepared a draft tri-party agreement, which is expected to be executed by July 2006.

A temporary leg of the By-pass will be required through Block 68 to form a temporary ‘T’ intersection with Old Woodbine. As a condition of draft plan approval, the Town is requiring that this block be conveyed into public ownership to accommodate the ‘T’ intersection. This configuration will be needed until the full length of the By-pass (including Phase 2b north of the Monarch subdivision) is constructed. Once the By-pass is completed, and the T intersection is no longer required, Block 68 can then be conveyed back to the landowner.

· Mix of units and better transition between the Majorwood subdivision and the subject lands along Street ‘A’

The units fronting onto the east side of Street ‘A’ in the Majorwood subdivision are not part of Phase 1, and will not be draft plan approved until servicing allocation is available for Phase 2. However, the owner is proposing lane based product on the east side of Street ‘A’ which will match the lane based product in the subdivision to the north. Staff are satisfied with the proposed layout and unit mix. (See Figure 4)

· Uncertainty regarding the final alignment of the Highway 404 off ramp extension

With regard to the Highway 404 off ramp extension, an Environmental Assessment study must be completed to determine a preferred alignment, as well as impacts on the adjacent network of collector roads, including Markland Street. In addition, if the 404 off ramp extension proves to be unfeasible, the alternative will be to extend Nichols Boulevard as a public road from Major Mackenzie Drive to the Majorwood subdivision, in order that it may intersect with Street ‘B’.

In order to proceed with draft plan approval, yet at the same time protect for possible revisions to the draft plan to reflect changes in the alignment of the off ramp extension (as well as the need for a possible extension of Nichols Boulevard), staff propose the following general approach for the draft plan approval of Block 64 in the employment lands:

· Draft plan approval for Phase 1 will not be issued until the owner enters into an agreement not to pre-sell Block 64. This agreement will remain in effect until the Environmental Assessment study has been approved by the Town and the appeal period has expired without a bump-up request; any revisions to the draft plan, if required, have been approved; and the Landowners Group or abutting owners have agreed either to construct the Highway 404 off ramp extension, or the Nichols Boulevard extension. (See Recommendations section of this report);

· Block 64 will not be released for registration until these conditions have been met;

· That a holding (H) provision be placed on the above-noted blocks as part of the approved zoning by-law amendment, and that the H not be removed until the above conditions have been met. The draft zoning by-law amendment, attached as Appendix ‘B’, places Block 64 under a hold provision, and establishes appropriate conditions for lifting the hold.

Redesign of Markland and relocation of the Markland bike path

Staff have agreed to the relocation of a bike path originally proposed by the Town on Markland Street to the servicing buffer located along a majority of the east frontage of the By-pass. This would allow a reduction in the right of way of Markland through the employment lands. However, the servicing buffer is not present along the full frontage of the by-pass, and additional provisions must be made in certain areas to ensure that the bike path remains off-road for the full length of the by-pass. In the case of the Majorwood subdivision, as set out in the draft plan conditions, an additional 5 m wide easement must be provided along the by-pass frontage of Block 68, upon registration of this block. The revised location of this bike path is shown in Figure 5.

The draft plan of subdivision conforms to the approved Parks and Open Space Master Plan

The Cathedral Town landowners group have prepared a detailed Parks and Open Space Master Plan which has been approved by the Town. The Master Plan proposes two neighbourhood parks within the Majorwood landholdings: one on the north side of the by-pass near Old Woodbine (located within the Phase 1 subdivision), and another south west of the by-pass (located in the future Phase II area, which is not part of this draft plan approval). The draft plan of subdivision provides park space in accordance with this master plan. In order to ensure compliance with the Parks and Open Space Master Plan, this report recommends that Council authorize the execution of a Parkland Conveyance Agreement between the Town and the Landowners’ Group. The conditions of draft plan approval also specify that the subdivision agreement will not be executed by the Town until the Landowners’ Group enters into the parkland agreement.

A significant portion of stormwater management pond is also located within this plan. This pond will be conveyed to the Town at the time of registration. It will not be calculated as part of the parkland requirement for the West Cathedral community.

The subdivision has received servicing allocation

In February and November 2005, Council granted 800 units of servicing allocation to the Cathedral Town subdivisions (in addition to the 300 units previously allocated to Cathedral Town Phase I and II). The required allocation of 97 units for the draft plan of subdivision will be provided from the 800 units.

Red-line revisions to the draft plan are required

The conditions of draft plan approval set out a number of red-line revisions to the draft plan. These include:

Providing 0.3 metre reserves, sight triangles and road widenings in accordance with Condition 22.24, as set out in the recommended conditions of draft plan approval attached as Appendix ‘A’ to this report;
Additional red line revisions may be required as a result of the recommendations of the Environmental Assessment study for the Highway 404 off-ramp extension and the detailed design study for the Woodbine Avenue By-pass.

CONCLUSIONS

Staff recommend that Council endorse the draft plan of subdivision, subject to the conditions set out in this report, including the requirement that the Owner enter into an agreement not to pre-sell certain blocks until the Town has completed a detailed design study for the Highway 404 off ramp extension. Staff are of the opinion that the requirement for the owner to enter into an agreement not to pre-sell these blocks, plus the related conditions of draft plan approval, will allow for timely approval of the draft plan, without compromising future opportunities to realign the off ramp extension or construct alternative routes if the off ramp proves infeasible.