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

SUBJECT: RECOMMENDATION REPORT

Application for Draft Plan of Subdivision Approval Romandale Farms Limited and 404 Developments Inc. (Cathedral Town Phase III) Part of Lots 23 and 24 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, File No. SU 06 105953

PREPARED BY: Ron Blake, Manager of Development

West District Team

RECOMMENDATION:

THAT the report entitled: “RECOMMENDATION REPORT: Applications for Draft Plan of Subdivision Approval Romandale Farms Limited and 404 Developments Inc. (Cathedral Town Phase III) Part of Lots 23 and 24 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, File No. SU 06 105953”, be received:

THAT the record of the public meeting held on June 7, 2005, relating to the application by Romandale Farms Limited and 404 Developments Inc. (Cathedral Town Phase III), Part of Lots 23 and 24 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive, be received;

THAT Draft Plan of Subdivision 19TM-06003 prepared by Design Plan Services Inc., identified as drawing number 0238-4a\2, dated May 17, 2005 and revised May 3, 2006, to permit 68 single detached, 38 townhouse, 13 medium density dwellings and 14.57 hectares of employment lands 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 Blocks 69, 70 and 71 and Lot 1 of draft plan 19TM-06003, 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-06003 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 87 and 88 of draft plan 19TM-06003, 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 119 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 applicants be granted a further allocation of 3 units, to be applied only to part blocks 55 and 56 of Draft Plan of Subdivision 19TM-05002, 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-06003 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 31.1 hectare (76.85 ac.) site is located north of Major Mackenzie Drive, on the west side of Woodbine Avenue.

The proposed detached and townhouse lots within the first stage of the Phase III subdivision 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 stage of the Cathedral Town Phase III draft plan of subdivision proposes 119 residential units in the form of detached (68 units), townhouses (38 units), and medium density (13 units) dwellings. All of these units will be lane-based.

The first stage also includes 3.35 ha (8.28 acres) of linear open space along the East Carleton Creek, and 14.57 ha (36 acres) of employment land along the Highway 404 corridor. Servicing allocation has been granted for the residential portion of the first stage of the Phase III subdivision only. The employment lands do not require servicing allocation. The second stage 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 31.1 hectare (76.85 acre) site is located on the west side of Woodbine Avenue between the Cathedral of the Transfiguration to the east; a future mixed use, medium density residential/commercial development to the south and east; employment uses along the Highway 404 corridor to the west; and the recently draft plan approved Cathedral Town Phase 1 and II subdivisions to the north. The subject lands and the surrounding area are shown in Figures 2 and 3.

The draft plan of subdivision includes lane-based single detached and townhouse dwellings east of the by-pass, and a large employment area between the by-pass and Highway 404. The East Carlton Creek and an adjoining proposed open space corridor are located along the northern boundary of the subdivision east of the bypass. The Cathedral Town landowners propose to relocate the existing Carleton Creek drainage channel within the boundaries of the draft plan, and naturalize the new creek bed and the surrounding open space corridor. These proposals are the subject of a comprehensive Environmental and Stormwater Management Plan and an Environmental Impact Study, which have been approved by the Toronto and Region Conservation Authority.

A mixed residential/employment subdivision is proposed

The draft plan of subdivision consists of the following elements:

	Hectares	Acres
Gross Site Area	31.1	76.85
Roads and laneways	7.55	18.66
Open Space (landscape buffers & walkways)	3.76	9.29
Business Park Highway Reserve	14.57 1.13	36.0 2.8
0.3 m reserve Residential Reserve	0.03 0.22	0.07 0.54
Net Residential Area	3.84	9.5
Net Non-residential Area	27.26	67.4
Single Detached Units Townhouse Units Medium Density Total Residential Units	68 38 13 119

Net Residential Density: Low (units per hectare/acre in relation to net site area)	30.99	12.5

As shown in Figure 4, single detached lots will generally be developed in a wide-shallow configuration, with typical lot depths of approximately 26 metres and typical frontages between 13.7 metres and 15.3 metres. The townhouse lots will be developed at typical depths of 33 to 35 metres with approximately 6 metre frontages.

All of the dwellings will be lane-based, the majority with attached rear garages and courtyard amenity areas beside the rear garage and behind the main building. The townhouse units will front onto the east side of the Woodbine By-pass. The detached dwellings will be located within the interior of the subdivision and will also front onto the open space corridor proposed along the south side of Betty Roman Boulevard. The street patterns and housing designs of this subdivision will be very similar to the Cathedral Town Phase I and II subdivisions to the north. The Phase I subdivision is currently under construction.

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 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 stage 1 of the Phase III draft plan of subdivision is to be approved at this time. Approval of the second stage of the Phase III 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. Figure 5 shows the land use designations for the secondary plan.

The subject lands are designated Urban Residential - Low Density; Open Space and Business Park Area by OPA 42, as amended. The proposed detached and townhouse dwellings, open space corridor adjacent to Carleton Creek and the business park lands west of the By-pass are all provided for within this designation. The proposed low density residential areas of the draft plan average a net residential density of 30.99 units per hectare (12.5 units per acre). This conforms to the Secondary Plan which provides for a net density range of 17 to 37 units per hectare (6.9 to 14.9 units per acre) in low density areas.

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 into this draft plan. (Residential Two – Lane Access [R2-LA]. The employment lands are proposed to be zoned under the Business Park zone of by-law 177-96. Open space areas will be zoned OS1.

In addition, the draft zoning by-law applies a Holding One Provision (H1) zone to one single detached Lot (1) and the townhouse blocks fronting the Woodbine By-pass (Blocks 69, 70 and 71) 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 Blocks 87 and 88 in the Business Park lands. In the case of Blocks 87 and 88, 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 119 residential units, 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. In addition, 3 units have been allocated to the Cathedral Town Phase II subdivision, to permit completion of six part blocks to be developed in conjunction with the Tucciarone subdivision.

· 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.

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 three outstanding issues regarding the design of the subdivision, including 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 this 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 Blocks 69, 70 and 71 and Lot 1 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 continues to show mostly townhouse units fronting onto the east side of the bypass. Staff are of the opinion that the issue of diversity of built form can be addressed through the design and massing of these units, and by the use of innovative design solutions. The proposed lot and block sizes are therefore appropriate. The draft plan conditions establish that, prior to release for registration, the applicant present concept plans for the townhouses fronting the by-pass which satisfactorily address staff’s concerns. The townhouses will also be subject to site plan approval and hold provisions appended to the zoning by-law;

· Visitor parking areas: These areas have been deleted from the revised draft plan and are therefore no longer an issue;

· 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, and employment Blocks 87 and 88 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 87 and 88 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 this block. This agreement will remain in effect until the Environmental Assessment study has been completed; 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. In the case of the Cathedral Town Phase III draft plan, the servicing buffer extends along the full length of the east side of the Woodbine By-pass right of way.

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

The West Cathedral Landowners’ Group have prepared a detailed Parks and Open Space Master Plan which has been approved by the Town. The Master Plan does not propose any parks within this subdivision. However an extensive open space corridor along Carleton Creek is proposed. The draft plan of subdivision provides open 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 119 units for the draft plan of subdivision will be provided from the 800 units. In addition, three units are being allocated to the Cathedral Phase II subdivision to the north to allow completion of part blocks shared with the Tucciarone subdivision.

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 a 23 m ROW on Betty Roman Boulevard for a distance of 10 m east of the east boundary of Laneway 1;
Providing 0.3 metre reserves, sight triangles and road widenings in accordance with Condition 22.27, 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 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.

FINANCIAL CONSIDERATIONS:

There are no financial considerations associated with the application.

ENVIRONMENTAL CONSIDERATIONS:

A portion of the open space corridor associated with the relocated Carleton Creek channel is located within the draft plan of subdivision. The realignment of this channel and proposed strategies for naturalizing the creek and associated open space corridor are the subject of a comprehensive Environmental and Stormwater Master Plan and Environmental Impact Study for the West Cathedral Community. This study has been reviewed by the Town and the Toronto and Region Conservation Authority, and recently received final approval from the TRCA. 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 circulation. Department comments have been incorporated into the report and the proposed conditions of draft plan approval.