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

SUBJECT: RECOMMENDATION REPORT

Applications for Draft Plan of Subdivision Approval and Rezoning, Monarch Corporation (Cathedral Town South) Part of Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, File Nos. SU 05 011381 and ZA 05 011385.

PREPARED BY: Ron Blake, Manager of Development

West District Team

RECOMMENDATION:

THAT the report entitled: “RECOMMENDATION REPORT: Applications for Draft Plan of Subdivision Approval and Rezoning, Monarch Corporation (Cathedral Town south) Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, File Nos. SU 05 011381 and ZA 05 011385”, be received;

THAT the record of the public meeting held on June 7, 2005, relating to the applications by Monarch Corporation (Cathedral Town South), Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, be received;

THAT Draft Plan of Subdivision 19TM-05009 prepared by Design Plan Services Inc., identified as drawing number 0238-1\50, dated and revised May 1, 2006, be approved subject to the redline revisions and conditions of draft plan approval 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 requirements have been complied with:

a) That the Owner enter into an agreement with the Town, applying specifically to Lot 118 and Block 152 of draft plan 19TM-05009, 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 Town has completed a detailed design study for the Woodbine Avenue By-pass;

2. The Landowners’ Group has prepared a survey plan of the proposed Woodbine Avenue By-pass right-of-way that reflects the recommendations of the detailed design study, to the satisfaction of the Town and the Region of York;

3. The Owner has conveyed to York Region, free of all costs and encumbrances, all land required for the Woodbine Avenue By-pass within the boundaries of draft plan of subdivision 19TM-02015 as identified by the above survey;

4. If required, the draft plan of subdivision has been revised to reflect any changes to the Woodbine Avenue By-pass alignment and any associated changes to the configuration of the subject blocks and lots, resulting from the above survey.

b) That the Owner into an agreement with the Town, applying specifically to Blocks 155, 156, 157 and 158 of draft plan 19TM-05009, 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 Flyover has been approved by Markham and the appeal period has expired without a Part 2 Order (Bump-up); and,

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 blocks and to identify the approved alignment of the Highway 404 Flyover as a public road in accordance with the approved Highway 404 Flyover Environmental Assessment Study.

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 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 195 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-05009 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 27.6 hectare (68.2 ac.) site is located north of Major Mackenzie Drive, on the west side of Woodbine Avenue.

The proposed detached, semi-detached and townhouse 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 195 residential units in the form of detached (114 units), semi-detached (44 units) and townhouses (30 units). In addition, 14 single detached part lots are proposed (equivalent to 7 units) where the subdivision interfaces with the property to the south. Among the detached units, 84 will be lane-based while 30 will be conventional lots. All of the semi-detached and townhouse units will be lane-based product.

This phase also includes a 2.9 ha (7.2 acre) neighbourhood park and a 2.42 ha (6 acre) public elementary school site, located north east of the By-pass. In addition, 5.84 ha (14.4 acres) of employment land are proposed along the Highway 404 corridor. Servicing allocation has been granted for the residential portion of Phase 1 only. 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 27.6 hectare (68.2 ac.) site is located between Woodbine Avenue and Highway 404. The Cathedral of the Transfiguration is located to the north; and a future residential and prestige industrial subdivision is located to the south (the Majorwoods Development), which is also the subject of applications for draft plan of subdivision approval and rezoning. 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, medium density residential/commercial development to the north (the second stage of the Cathedral Town Phase III subdivision and the Cathedral Town Precinct subdivisions); and employment lands along the Highway 404 corridor to the west. Prestige employment uses are 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 includes a mix of lane-based and conventional single, semi-detached and townhouse dwellings east of the by-pass, two elementary school sites and adjacent neighbourhood parks, and a large employment area between the by-pass and Highway 404. The subject lands are bisected by the proposed Woodbine Avenue By-pass.

A mixed residential/employment subdivision is proposed

The draft plan of subdivision consists of the following elements:

	Units	Hectares	Acres
Gross Site Area		27.60	68.20
Roads and laneways		8.98	22.19
0.3 m reserve		0.09	0.22
Neighbourhood Park		2.90	7.17
Public Elementary School		2.42	6.0
Business Park		5.84	14.43
Future Development		0.55	1.36
Net Residential Area		6.82	16.85
Net Non-residential Area		20.78	51.35
Single Detached Units Semi Detached Townhouse Units Residential Reserve	114 44 30 7
Total Residential Units	195

Net Residential Density: Low (units per hectare/acre in relation to net site area)		28.59	11.57

As shown in Figure 4, the draft plan proposes a mix of single detached, semi-detached and townhouse lots in both lane based and conventional configurations. Typical lot depths of approximately 26 metres for lane based product and 30.5 metres for conventional lots. The townhouse lots will be developed at typical depths of 33 to 35 metres with approximately 6 metre frontages.

The townhouse units will front onto the west side of Old Woodbine. The detached and semi-detached dwellings will be located within the interior of the subdivision. The street patterns and housing designs of this subdivision, with a mix of lane-based and conventional product, represents a transition between the mixed use, fully lane based Cathedral Town subdivisions to the north, and the conventional lot patterns of the Majorwood development to the south.

The plan also proposes a large 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.

Staff are satisfied with the proposed phasing strategy

The draft plan of subdivision delineates Phase I and a “Future Phase”. 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 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;

· Design of the Townhouses fronting Woodbine Avenue.

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); and Business Park Area by OPA 42, as amended. One public school site is identified in the Secondary Plan within the boundaries of the subject lands. 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 extend the zoning framework established for the Cathedral Town Phase 1 and 2 subdivisions over the lane-based portions of the proposed draft plan (Residential Two – Lane Access [R2-LA]. The portions of the draft plan containing conventional lot patterns are proposed to be zoned within the Residential Two [R2] category of by-law 177-96. The employment lands are proposed to be zoned under the Business Park zone of by-law 177-96. The neighbourhood park is zoned OS1 and the school site is zoned OS2 in the draft by-laws.

In addition, the draft zoning by-law applies a Holding One Provision (H1) zone to one single detached Lot (118) and a part Block (152) flanking the by-pass. Prior to removal of the (H1), only existing uses are permitted. The by-law establishes that the (H1) will not be removed from the townhouse lots fronting the by-pass until the Town has completed a design study for the By-pass, a survey plan reflecting the recommendations of the design study has been submitted by the landowners, and, if required, the draft plan has been revised to reflect the recommendations of the design study. Furthermore, a Holding Two Provision (H2) is applied to the Business Park lands. In the case of the employment lands, the (H2) cannot be removed until an environmental assessment study of the Highway 404 Flyover has been approved by Markham and the appeal period has expired without a bump-up, and, if required, the draft plan has been revised to incorporate the recommendations of this study.

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 2006 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 195 residential units (including 7 units allocated to the 14 part blocks to be developed in conjunction with the Majorwood subdivision to the south), 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.

· Design of Townhouses fronting Woodbine Avenue: Victoria Square residents were concerned about the massing and elevations of proposed townhouses fronting onto the Woodbine Avenue and Elgin Mills entrances to Victoria Square. Prior to site plan approval of these townhouse blocks, staff will meet with representatives of the Victoria Square residents to review the townhouse site plans.

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.

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 for diversity of dwelling design along the by-pass; concern about the proposed visitor parking areas for dwellings fronting the by-pass; and the need to complete further design studies of the Woodbine By-pass and the Highway 404 Flyover 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 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 the Tri-party agreement with the Region and the Town, 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.

In addition, the owner must enter into an agreement not to pre sell Lot 118 and part Block 152 (the only parcels directly flanking the by-pass in this draft plan) or release these parcels for registration, until the design study for the by-pass has been completed, any required revisions to the draft plan have been approved, the necessary lands for the by-pass right of way have been conveyed to the Region and the portion of Woodbine Avenue east of the block has been closed as a public road allowance.

· Diversity of housing types fronting by-pass: The revised draft plan proposes a mix of single detached units flanking the By-pass and a series of window streets on the south/west side of the By-pass and a combined School/Neighbourhood Park campus on the north/east side within the Phase 1 draft plan. Staff are of the opinion that this mix of land uses addresses the issue of diversity within the Phase 1 draft plan. With regard to the townhouse units fronting Old Woodbine, the draft plan conditions establish that, prior to release for registration, the applicant present concept plans for the townhouses. The townhouses will also subject to site plan approval and hold provisions appended to the zoning by-law;

· Visitor parking areas: This issue applies to the Phase II portion of the draft plan. The conceptual lotting pattern for the Phase II shows that the parking areas have been deleted. Therefore this is no longer an issue;

· Mix of units and better transition between the Majorwoods subdivision and the subject lands along Street A: Both landowners are 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 Flyover

With regard to the Highway 404 flyover, 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, Street J and the employment land blocks within the draft plan.

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 flyover, staff propose the following general approach for the draft plan approval of Blocks 155, 156, 157 and 158 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 these blocks. This agreement will remain in effect until the Environmental Assessment study has been approved by Markham and the appeal period has expired without a bump-up; and any revisions to the draft plan, if required, have been approved. (See Recommendations section of this report);

· The subject blocks 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 these blocks 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 Cathedral Town South subdivision, as set out in the draft plan conditions, the bike path can be accommodated in the Neighbourhood Park through appropriate park design. Additional discussions with the York Region District School Board will be required to resolve the provision of the bike path along the frontage of the designated school site.

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

The Cathedral 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 Cathedral Town South 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.

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 195 units for the Phase 1 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 the following right of way widths:

o a 26.5 m right of way on the east and west legs of the Woodbine By-pass/Street ‘E’ intersection;

o a 26.5 m right of way on the west leg of the Woodbine By-pass/Street ‘J’ intersection;

o a 21 m right of way on the north and south legs of the Markland Street/Street ‘J’ intersection;

o a 24 m right of way (for a 45 m length) on the west leg of the Woodbine Avenue/Street ‘A’ intersection.

Deleting lot 99 from the Phase 1 Draft Plan, in order to comply with the servicing allocation of 195 units granted to the Phase 1 Draft Plan;
Providing 0.3 metre reserves, sight triangles and road widenings in accordance with Condition 22.28, 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 Flyover 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 Woodbine Avenue By-pass and Environmental Assessment Study for the Highway 404 Flyover. 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 by-pass if indicated by the detailed design study, and to precisely determine the location and configuration of the flyover.

FINANCIAL CONSIDERATIONS:

There are no financial considerations associated with the application.

ENVIRONMENTAL CONSIDERATIONS:

There are no environmental features or issues associated with this application. Environmental issues associated with the West Cathedral Community were addressed comprehensively within the Environmental and Stormwater Master Plan and the Environmental Impact Study. Both these studies have been approved by the Town and the Toronto and Region Conservation Authority. The draft plan of subdivision conforms to the recommendations of these studies.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has undergone a full inter-departmental and agency circulation. Comments have been incorporated into the report and the proposed conditions of draft plan approval.