Report to: Development Services Committee Date of Meeting: May
16, 2006
SUBJECT: RECOMMENDATION REPORT
Monarch
Corporation
Applications for Draft Plan of
Subdivision Approval and By-Law Amendment
North side of
Elgin Mills, west side of Woodbine Avenue
Cathedral
Community
PREPARED BY: Stephen
Kitagawa, extension 4530
RECOMMENDATION:
That the draft plan of subdivision 19TM-05006, prepared by Bousfields
Inc., dated February 21, 2006, to permit 204 single detached lots, 66 lane base townhouse units and 5.65
hectares of employment lands, north side of Elgin Mills, west side of Woodbine
Avenue, be endorsed subject to the conditions of draft plan approval as set out
in Appendix ‘A’ to the staff report dated May 16, 2006, and the following
redline revisions:
·
Woodbine
Avenue (Existing) / Street B intersection, West leg: Provide 24.0m ROW for 45m
in length. Remove 0.3m Reserve on both the north and south sides of the Street
B within the 24m ROW.
·
Woodbine
By-Pass / Street A intersection (West Leg): Provide 26.5m ROW for 30.0m in
length, and provide taper transition from 26.5m ROW to 22m for 30m in length.
·
Woodbine
By-Pass / Street B intersection (East Leg): Provide 26.5m ROW for 30.0m in
length, and provide taper transition from 26.5m ROW to 22m for 30m in length.
That the application submitted by Monarch Corporation to amend Zoning
By-laws 177-76 and 304-87, as amended, be approved, and the draft by-laws attached
as Appendix ‘B’ to the staff report dated May 16, 2006, be enacted;
That the
Director of Planning and Urban Design be directed to issue draft approval and give notice under Section 51
(37) of the Planning Act, when the following requirements have been complied
with:
- the Cathedral West Landowners
Group enter into an agreement with York Region and the Town for the
construction and completion of the Woodbine Avenue By-pass as outlined in
Clause No.10 in report No. 6 of the Planning and Economic Development
Committee Report titled “Woodbine Avenue By-pass Construction and Prepaid
Development Charge Credit Agreement Principles” which was adopted by York
Region Council at its meeting on June 23, 2005 and February 16, 2006
(revised).
- the Owner shall enter into an
agreement with the Town, applying specifically to Blocks 205 and 213 and
lots 26 to 29, 88 to 91, 148, 149 and 204 of draft plan 19TM-05006, 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 19TM-05006 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 applicant agree to pay their proportionate share of
the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;
That Monarch Corporation be granted a servicing allocation of 270
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 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 agreement between the Town
and the Cathedral West Landowners Group, in a form satisfactory to the Town
Solicitor and the Commissioner of Development Services with respect to
compensating the Cathedral West Landowners Group for the over-dedication of
0.702 hectares of park space that will result from the conveyance of the 4.89
hectare environmentally significant woodlot (Block 220) located at the
northwest corner of the draft plan area.
The basis for establishing the final value of the over-dedicated portion
of the woodlot shall be based on a land appraisal, to the satisfaction of the
Commissioner of Development Services. Payment to the West Cathedral Landowners
for this over-dedication shall be from funds secured through previous
cash-in-lieu of parkland contributions associated with subdivision approvals in
the East Cathedral Community, specifically for the purpose of the acquiring the
woodlot in the Monarch subdivision.
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 19TM-05006 will lapse after a period of three
years commencing May 16, 2006,
in the event that a subdivision agreement is not executed within that period.
EXECUTIVE SUMMARY:
The 45.83 hectare (113.24 ac.)
site is located on the north side of Elgin Mills Road,
on the west side of Woodbine Avenue,
adjacent to Victoria Square
(which is located at the northwest corner of Elgin
Mills Road and Woodbine
Avenue).
The proposed single 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 which is attached as an
appendix to this report.
The first phase of the draft
plan of subdivision proposes 270 residential units in the form of single
detached, semi-detached and townhouses (204 singles, 66 townhouses). This phase also includes a 4.89 hectare
(12.08 ac) woodlot, 2.27 hectare (5.63 ac) stormwater management pond and 5.65
hectares (13.96 ac) of employment lands located west of the proposed Woodbine
By-pass. 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. The following concerns were raised by area
residents with respect to the Monarch Corporation draft plan of subdivision:
- Traffic pressures in Victoria
Square
- Construction traffic and its impact on area
homeowners;
- Ensuring an appropriate mix of designs for the
townhouses adjacent to Elgin Mills Road;
- Ensuring the designs of the houses are appropriate
for the character for the Cathedral community;
- The alignment of roadways results in a number of
collector roads exiting onto Woodbine Avenue.
Other issues raised and resolved
as part of the circulation process include:
- Servicing capacity is limited to 270 units. Additional servicing capacity is
required for future phases;
- Resolution of the tri-party agreement to construct
the Woodbine Avenue By-pass;
- On street parking not in close proximity to townhouse
units adjacent to Elgin Mills
- Woodlot conveyed as part of the parkland dedication
for the Cathedral Community
·
Submission of studies
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.
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 Monarch Corporation draft plan of subdivision. Area residents expressed the following
concerns:
·
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.
This
draft plan includes the Phase 2(a) portion of the By-pass construction. This portion of the by-pass is essential for
diverting traffic around Victoria Square. Since construction of Phases 1 and 2(a) will
not complete the By-pass diversion all the way to Woodbine Avenue through the
Phase 2 portion of the Monarch lands and the 404 Employment Lands further north,
Street ‘B’ between the by-pass and Woodbine Avenue will function as a temporary
access to the by-pass, until the remaining portion of the by-pass can be
constructed.
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.
·
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 the applicant’s Phase 1. The
applicant is required to submit design concepts and must obtain site plan
approval for the townhouses which will help ensure that there is an appropriate
mix of designs for the townhouses.
·
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.
·
The
alignment of roadways results in a number of collector roads exiting onto Woodbine Avenue
While
it is true that the majority of east/west roads in this subdivision will
terminate at Woodbine Avenue, it is important to note that these roads will be
designed as local roads, not collector roads, and individually will carry small
volumes of traffic, related only to the houses that actually front on the
streets. More specifically, these local
roads will not carry through traffic since the plan does not provide for any
direct intersections between these local roads and the proposed Woodbine
By-pass. Only one east/west road in the
subdivision, located immediately south of the proposed park, has been designed
to collector road standards. This road
will provide a direct link between Woodbine Avenue
and the By-pass. In staff’s opinion, the
proposal to terminate these roads at Woodbine Avenue
presents a number of benefits:
1.
It will improve accessibility for Victoria
Square residents to key community facilities that
will be provided as part of this subdivision including a new neighbourhood park
and elementary school.
2.
As noted above, the number of vehicles entering Woodbine
Avenue at these local roads will be limited to
local traffic.
3.
The increased number of local intersections will reduce
traffic speeds on the section of Woodbine Avenue
through Victoria Square and
will assist in the planned evolution of “Old Woodbine
Avenue” from a high speed regional arterial to a
low speed local road.
Sufficient servicing
allocation to permit draft plan approval of Phase 1
As set out in the February and November 2005 servicing
allocation reports, Council recommended that 270 units be allocated to the
Monarch Corporation subdivision. This
allocation is part of a larger regional allocation to the Town, approved by
Regional Council in June of 2005. The
270 units comprise the applicant’s Phase 1, with the remaining units (Phase 2)
to be approved once additional servicing capacity becomes available.
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 it’s 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.
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.
On street parking not in close proximity to townhouse units adjacent to
Elgin Mills.
On street parking is not
currently permitted on Elgin Mills Road. Visitors to the townhouses fronting on Elgin
Mills Road will be required to park on one of the
adjoining local streets, possibly creating a situation where they have to park
some distance from the townhouse units.
The Town’s parking by-law only
requires 2 parking spaces per unit. The
attached draft by-law incorporates a provision permitting attached garages
which would create two parking spaces in the garage and two additional spaces
in the driveway which could be utilized for visitor parking.
Large woodlot conveyed as part of the parkland dedication for the
Cathedral Community
A 4.89 hectare (12.08 ac)
portion of a large woodlot located at
the northwest quadrant of the draft plan is being conveyed as part of the
parkland dedication for the Cathedral Community as part of Phase 1 of the
Monarch draft plan.
It was determined in the early
stages of the community design process that the Town was to secure the
dedication of the 4.89 ha portion of woodlot contained in the Monarch draft
plan area. In order to acquire this
woodlot an additional 1 acre/1000 population of parkland was requested at the
time of the East and West Cathedral Community Design
Plan processes. At the time of
subdivision registration for the East Cathedral community it was determined
that cash-in-lieu of parkland for the woodlot would be collected to a value of
1acre/1000 population for each subdivision plan. Physical parkland was also conveyed on the
basis of 1ha/300 units. The cash-in-lieu
was taken and deposited into the Town’s Reserve Fund (Parks Cash-in-lieu)
Account # 0872800148. It was stated in subdivision agreements for the East
Cathedral Community that the cash-in-lieu of parkland generated would be used
to acquire all or part of the large woodlot at the time of conveyance of the
woodlot to the Town.
The West Cathedral community has
dedicated the 4.89 ha woodlot to satisfy the additional 1 acre/1000 population
requirement. The conveyance of the 4.89 ha portion of woodlot constitutes an
over-dedication of woodlot as 4.24 ha of parkland is required under the Town of
Markham Parkland Dedication By-Law
195-90. The West Cathedral Developers
group is seeking compensation from the Town for the amount of the
over-dedication (0.702 ha). It is the
recommendation of staff that the compensation be paid from the cash-in-lieu
monies collected for this purpose from the East Cathedral Developers. The value of the compensation will be based
on an amount per ha as determined in a land appraisal prepared by a certified
member of the Appraisal Institute of Canada, to the satisfaction of the Town.
Draft zoning by-law implements draft plan of subdivision
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 270 units. The by-law also includes exceptions to permit
attached garages for the townhouses adjacent to Elgin Mills and reduces the
rear yard setback for certain single detached units affected by road widenings.
2.7 metre buffer required adjacent to flankage lots
A 2.7 metre (8.8 ft) landscape
buffer adjacent to the flankage lots adjoining the Woodbine Avenue By-pass will
be utilized for a berm/fence and associated landscaping, should noise
attenuation be required.
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
(submitted, not yet 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.
The base application fees and
studies submitted in conjunction with the applicant’s original application was
based on the entire draft plan (Phase 1 and 2).
A second base fee will not be required at the time of application for
the second phase. In addition, a
resubmission of the studies will not be required, however, addendums may be
necessary.
Draft zoning by-laws incorporate exceptions for attached rear garages
and for a reduction in the rear yard setback for single detached lots affected
by road widenings
The attached draft zoning
by-laws incorporate the subject lands into appropriate residential zone
categories within By-law 177-96.
Exemptions are incorporated into the draft by-law to permit attached rear
garages for the townhouse units adjacent to Elgin
Mills Road.
As noted previously in this report, the attached garages would create
two parking spaces in the garage and two additional spaces in the driveway
which could be utilized for visitor parking, since on street parking for
visitors is not permitted on Elgin Mills Road.
An exception is also
incorporated into the by-law, permitting a reduced rear yard setback for
certain lots that were reduced due to road widenings at certain intersections
of the collector roads to accommodate turn lanes.
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 ‘A’.