Report to: Development Services Committee Date of Meeting: June 6, 2006
SUBJECT: RECOMMENDATION REPORT
Tucciarone Family
Applications for Draft Plan of Subdivision
Approval and By-Law Amendment
South side of Elgin
Mills Road, west of Woodbine
Avenue
Community
File Nos.: ZA.01-110135 & SU.01-110135
PREPARED BY: Stephen
Kitagawa, Senior Planner, extension 4530
RECOMMENDATION:
That the draft plan of subdivision 19T-95075, prepared by KLM Planning Partners
Inc., dated May 1, 2006, to permit 47 single detached units, 38 semi-detached
units and 2 part blocks, a 0.633 hectare (1.56 ac) gas station site and 1.44
hectares (3.56 ac) of employment lands, south side of Elgin Mills, west of
Woodbine Avenue, 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
requirements have been complied with:
- the Owner shall enter into an
agreement with the Town, applying specifically to lot 65, plan 19T-95075, 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 blocks, until the following conditions have been met:
1.
The
Town has completed a detailed design study for the Woodbine Avenue By-pass;
2.
The
Landowner’s 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, any land
required for the Woodbine Avenue By-pass within the boundaries of the draft
plan 19T-95075 as identified by the above survey; and,
4. If
required, the draft plan 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.
That the application submitted by the Tucciarone family to amend Zoning
By-laws 177-76 and 304-87, as amended, be approved, and the draft by-law
attached as Appendix ‘A’ to the staff report dated June 6, 2006, be enacted;
That the applicant agree to pay their proportionate share of
the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;
That the Tucciarone family be granted a servicing allocation of 87
units, such allocation to be from the total allocation for the Cathedral
community, in accordance with the February 15, 2005 and November 22, 2005, reports on servicing allocation;
That
the Town reserves the right to revoke or reallocate the servicing allocation
for this development;
That
the Region of York be advised of the servicing allocation for this development;
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 applicant provide the Town with the required
payment of 30% subdivision processing fees in accordance with the Town’s Fee
By-law (By-law 2005-357);
And further that the draft plan
approval for plan of subdivision 19T-95075 will lapse after a period of three
years commencing the date of issuance of draft approval, in the event that a
subdivision agreement is not executed within that period.
EXECUTIVE SUMMARY:
The 14.68 hectare (36.28) site is located on the
south side of Elgin Mills Road, west
of Woodbine Avenue within
the West Cathedral Community.
The proposed 87 single detached,
semi-detached and townhouse units within Phase 1 comply with the uses and density 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.
The draft plan of subdivision
(Phase 1 and 2) proposes 199 residential units in the form of single detached,
semi-detached and townhouse dwellings.
The plan also includes a 0.633 hectare (1.56 ac) gas station site and
1.45 hectares (3.58 ac.) of employment lands located west of the proposed
Woodbine By-pass. The 11.23 hectare (27.76
ac) first phase of the draft plan of subdivision proposes 47 single detached
units, 38 semi detached units and 4 part blocks (2 units). Phase 2 (3.47 hecatares/8.51 ac) will not be
draft approved until additional servicing capacity has been allocated.
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 set out in Appendix ‘B’.
FINANCIAL CONSIDERATIONS:
Not applicable.
Public Meeting was held on June 7, 2005
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. The following concerns were raised with
respect to the Tucciarone family draft plan of subdivision:
·
Traffic
pressures on Victoria
Square
Currently
the Region has scheduled the construction of the Woodbine Avenue By-pass from
Major Mackenzie Drive to north of Victoria Square in the 2006 Ten Year Capital
Plan for construction in the year 2012.
However, the Cathedral Developer’s Group and the Town have requested
that the project be considered in three distinct phases. Phase 1 is the portion of road from just
north of Major Mackenzie to Elgin Mills; Phase 2(a) is the portion of road
works that extends approximately 200 metres north of Elgin
Mills Road.
Phase 2(b) extends to the north limit of the Cathedral Secondary Plan;
and Phase 3 extends to connect to Woodbine Avenue. The locations of these phases are shown in
Figure 5. The Town, the Region and the
Landowners are currently finalizing a tri-party agreement to advance
construction of Phases 1 and 2(a) of the By-pass to 2007/2008.
To
date, 300 units have been allocated to Cathedral Town Phase 1 and Phase 2 draft
plans, which where approved 2003 and 2005 respectively. Subject to advancement of Phases 1 and 2(a)
of the Woodbine By-Pass construction (Figure 5) and the Developer’s Group
entering into a pre-paid Development Charges Credit Agreement, the Town
allocated servicing capacity for an additional 800 units (500 in February 2005
and 300 in November 2005) for a total of 1,100 units to the West Cathedral
Community.
To
allow flexibility in the final alignment of the by-pass, should revisions be
required, a condition of draft plan approval has been incorporated, whereby the
owner agrees to convey to the Region of York, free of all costs, any portion of
the by-pass within the boundaries of the draft plan of subdivision, if required
by the detailed design study. This will
not affect any of the units within the applicant’s phase 1 since all the units
adjacent to the by-pass are in phase 2.
The only portion of Phase1 that would be affected by the by-pass is a
landscape buffer adjacent to the cul-de-sac located in the southern quadrant of
the draft plan.
·
Construction
traffic and its impact on area
homeowners
Residents
expressed concern with respect to the impact construction vehicles would have
on their homes. The Engineering
Department requires a Traffic Control Plan and Staging Plan which controls
construction traffic by addressing issues such as construction signage,
barriers, construction entrances and the diversion of traffic. Staff are satisfied that the Traffic Control
Plan will sufficiently address the construction traffic issue. A condition of draft plan approval requires
the developer to direct construction traffic away from Victoria
Square.
·
Ensuring
an appropriate mix of designs for the townhouses adjacent to Elgin Mills
The
townhouses adjacent to Elgin Mills Road
are part of Phase 2 that currently has no servicing capacity. Although, once Phase 2 proceeds, the
applicant is required to submit design concepts prior to registration and must
obtain site plan approval for the townhouses prior to the issuance of building
permits which will give the Town control over the mix of designs for the
townhouses adjacent to Elgin Mills.
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.
·
Ensuring
the designs are appropriate for the character of the Cathedral Community
The
applicant has submitted to the Town for review, housing prototypes which will
help staff understand the impact of the various housing types on lot size
configurations and will ensure that the designs are appropriate for the
character of the Cathedral Community.
Furthermore, the Developer must prepare Architectural Control Guidelines
to the Town’s satisfaction prior to final approval of the plan.
·
Resolving
the location of the drainage feature located on the mutual property line
An
existing drainage feature is located along the west limit of the plan just
south of Elgin Mills Road,
along the mutual property line of the applicants and the adjacent owner to the
west. Following a site walk, the TRCA
agreed to boundaries of the open space corridor which would encompass the
valley land and watercourse corridor.
The corridor would be zoned in an open space zoning category which has
the affect of prohibiting structural encroachment and ensuring the long term
preservation of the lands in perpetuity, to the satisfaction of the TRCA. In addition, a 10 metre structural setback
has been incorporated into the draft zoning by-law for any lots abutting the
valley corridor or open space blocks.
The agent
representing the adjacent landowner to the west (Harmon property) indicated
that a cost sharing agreement between the property owners has yet to be
resolved. Compensation from the
developers group for the portion of the open space block, located on the Harmon
property, is required. The owners of the
Harmon property have not joined the Cathedral Developers group and compensation
for the portion of the open space block located on their lands will be resolved
once they become members of the developers group.
Servicing capacity
sufficient for Phase 1
The draft
plan is limited to a total of 87 residential units (including 2 units allocated
to the 8 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.
In February, 2005, Markham Council endorsed a proposed flow
control option intended to bring the Town’s sewage allocation to a point that
would match its current water allocation.
Regional Council approved the flow control option in June 2005.
The applicant will be required
to pay $100 per unit as their proportionate share for the cost of the Highway
48 Flow Control System, which is required to create the sanitary sewer capacity
for this project.
Re-design of cul-de-sac
Staff initially had concerns
with the cul-de-sac located at the southern end of Street 5.
Staff have agreed to permit the
cul-de-sac, however, in order to mitigate the amount of pavement that is
created, the applicant and staff have agreed to provide a 1.5 metre landscape
strip adjacent to the by-pass. In
addition, although the cul-de-sac does not relate to the grid pattern, it
provides variation of built form and a break in the townhouse blocks adjacent
to the by-pass.
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 provides a 0.17
ha (0.43 ac) park block on the east side of Prince Regent Street, south of
Elgin Mills Road. There is an existing
row of mature Norway Maple and Colorado Spruce trees within the park block
which is intended to be preserved. The
park block will be combined with the existing Victoria Square Community Centre
and Park to the east.
Agreement to advance the construction of the Woodbine Avenue By-pass
Council authorized staff in
March 2005, to finalize a tri-party agreement between the Region, Town and the
Cathedral Developers 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 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.
Draft zoning by-law implements draft plan
The draft zoning by-laws delete
the lands from the rural area by-law and incorporates them into the urban
expansion by-law to permit the construction of the 87 units. The by-law also includes exceptions to
require a minimum setback from the Open Space zone (OS1) and deems Woodbine
Avenue as the front lot line for the employment lands located on the west side
of Woodbine Avenue By-pass.
All studies submitted
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
(submitted, not yet approved)
Noise Impact Study (submitted,
not yet approved)
Internal Traffic Study
(submitted, not yet approved)
Stormwater Management Study
(submitted, not yet approved)
Heritage Resource Study
(approved)
Tree Preservation Plan
(submitted, not yet approved)
Phase 1 EA (submitted, not yet
approved)
Hydrogeologic Study (submitted,
not yet approved)
Lotting Distribution Plan
(submitted, not yet approved)
Housing Prototypes (submitted,
not yet approved)
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.
Red line revisions to the draft plan may be required, once the studies
have been reviewed.
ENVIRONMENTAL CONSIDERATIONS:
The applications were circulated
to the TRCA.
All environmental matters are addressed in the draft conditions and the
draft zoning by-law.
ACCESSIBILITY CONSIDERATIONS:
Not applicable.
ENGAGE 21ST CONSIDERATIONS:
The proposed development promotes
a number of key goals set out in “Engage 21st Century Markham” by
providing for efficient use of infrastructure, land use patterns and density, compact development and high
levels of architectural and urban design.
BUSINESS UNITS CONSULTED AND AFFECTED:
The application has undergone a
full circulation. Comments have been
incorporated into the report, draft by-law and draft conditions.
CONCLUSION:
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 ‘B’.
RECOMMENDED BY:
________________________ ________________________
Valerie
Shuttleworth MCIP, RPP Jim
Baird MCIP, RPP
Director of Planning
and Urban Design Commissioner
of Development Services
DOCUMENT:
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TUCCIARONI - CATHEDRAL\ReportTemplate_060426_v2.doc