Report to:  Development Services Committee                                            September 19, 2006

SUBJECT:                          Fairglen
Homes Limited

Application
for Zoning By-law Amendment and Draft Plan of Subdivision Approval to permit 18
single detached lots

9765 Kennedy Road

East
side of Kennedy Road, north
of Bur Oak Avenue

SU.05-009324
& ZA.05-009327

PREPARED BY:               Stephen Kitagawa,
Senior Planner

RECOMMENDATION:

That the draft plan of subdivision 19TM-05003, prepared by KLM Planning Partners Inc., dated February 4, 2004, to
permit 18 single detached lots, east of Kennedy Road, north of Bur Oak Avenue, be
approved subject to the conditions of draft plan approval as set out in
Appendix ‘A’ to the staff report dated September 19, 2006;

That the application submitted by Fairglen Homes Limited, 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 September 19,
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 Fairglen
Homes Limited be granted a servicing allocation for a projected
population of 67 people (18 single detached units), such allocation to be from
the total allocation for the Berczy Community in accordance with the February
15, 2005, November 22, 2005, and June 20, 2006 report 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 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-05003 will lapse after a period of three
years commencing September
19, 2006, in the event that a subdivision agreement is not executed
within that period.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable.

1.
Purpose                2. Background         3. Discussion             4.
Financial         5. Environmental

6. Accessibility       7. Engage 21st             8. Affected Units       9. Attachment(s)

PURPOSE:

The purpose of this report
is to provide an evaluation, recommendation, draft conditions and draft by-laws
for draft plan of subdivision 19TM-05003 for 18 single detached lots east of Kennedy Road, north
of Bur Oak Avenue,
in the Berczy Village Community.

BACKGROUND:

The
subject lands are located within the Berczy Village Community, on the east side
of Kennedy Road, north
of Bur Oak Avenue,
municipally known as 9765 Kennedy
Road.
The 0.968 hectare (2.39 ac) property contains the heritage dwelling
Henry Pingle Senior House.  To the
north and east are single detached dwellings.  To the west, across Kennedy Road, are single detached
dwellings and townhouses within the Angus Glen community.  To the south is the York Downs Garden
Centre.

Heritage building is located on the
subject property

The
subject property contains the Henry Pingle Senior House, which is identified as
a heritage resource in the Berczy Village Secondary Plan and is listed on the
Markham Inventory of Heritage Buildings.
The property has been listed on the heritage inventory since 1993 and is
designated under Part IV of the Ontario Heritage Act.

Council endorsed preservation on site (in situ or on new lot)

In February 2003, Council passed a resolution confirming that the Henry
Pingle Senior House is to be considered a significant heritage resource and
should be preserved within any future development, preferably on its original
foundation, on an appropriately sized lot.
Following extensive consultation with staff, it was agreed that, if
retention on its original foundation is not feasible due to development
constraints, the dwelling could be relocated to another lot within the draft
plan, provided the aesthetics of the dwelling are not compromised, and that an
appropriate outdoor amenity area is provided which would allow the dwelling to
continue to face Kennedy Road.

Previous application to amend the zoning by-law refused

In September 2003, an
application to amend the zoning by-law to permit residential uses at 9765 Kennedy Road
was submitted by a previous applicant.
The proposal comprised 22 single detached, condominium dwellings.

Following a number of
meetings with the applicant, staff recommended that the proposal be refused for
the following reasons:

The proposal was not in
keeping with the policies of the Berczy Village Secondary Plan;

The proposal did not respect
the existing development pattern in an area context;

The proposal did not provide
for integration with adjacent lands; and,

The proposal did not comply
with current engineering standards.

In November 2003, Development Services Committee
deferred the application as requested by the applicant, to allow the submission
of a revised proposal to address the concerns noted by staff.  This revised proposal was submitted in
February 2005.

Current zoning and Official Plan Designation

The subject
property is designated Urban Residential in the Official Plan and Urban
Residential – Low Density in the Berczy Village Secondary Plan.  The intent of this designation is to
identify lands to be used primarily for low density housing with direct
frontage on a public street.

The
proposed single detached lots comply with the uses and density (17 to 37 uph or
6.9 to 14.9 upa) in the Urban Residential – Low Density designation
(Table A).

TABLE A

RESIDENTIAL UNITS

HECTARES

ACRES

Single detached

18

0.623

1.539

Gross Site Area

0.968

2.392

Net Site Area

0.623

1.539

Net Site Density

28.8 uph

11.69 upa

The subject
lands are currently zoned Agricultural (A1) by by-law 304-87, as amended, and a
zoning amendment is required to permit the proposal.

18 single detached lots proposed

The
applicant is proposing 18 single detached dwellings with frontages ranging from
9.15 m (30 ft) to 17.14 m (53.1 ft).
The lots have similar lot frontages to the adjacent subdivision to the
north and east.  11 lots are of
conventional depth and the remaining 7 lots are wide shallow lots.

OPTIONS/ DISCUSSION:

Heritage
Markham recommends that the Henry Pingle Sr. House be designated under Part IV
of the Ontario Heritage Act

Heritage
Markham
recommended at its April 25,
2005, Committee meeting that the Henry Pingle Sr. House be
designated under Part IV of the Ontario Heritage Act.  In addition to the standard conservation
requirements to protect the building (letter of credit, heritage designation
and other preservation requirements for heritage buildings preserved within
plans of subdivision), the Committee recommended that the heritage house be
retained on a larger lot to provide a more compatible environment.

Heritage Markham expressed a
concern with the size of the proposed lot and whether the dwelling would be
saleable in this environment.  To
alleviate the Committee’s concern, the applicant enlarged the proposed
lot and has indicated that there is a potential purchaser.  Heritage staff are satisfied with the
size of the lot and proposed siting of the heritage house and have provided
draft conditions to ensure the designation and preservation of the dwelling.

It should be noted that
the attached plan does not reflect the revisions to the lot frontages necessary
to accommodate a larger lot for the heritage dwelling.  The revised plan will be signed by the
Director of Planning and Urban
Design at issuance of draft approval and a red line revision requiring the
revised plan has been incorporated into the draft plan conditions.

Draft zoning by-law

The draft zoning by-law deletes
the land from the rural area zoning by-law and incorporates it into the urban
expansion by-law.  The draft zoning
by-law permits the single detached dwellings.

Sufficient servicing
allocation to permit draft plan approval

As set out in the February 2005, November 2005 and June 20, 2006, servicing
allocation reports, the applicant has been granted a servicing allocation for a
projected population of 67 people (18 single detached lots).

As noted previously in this report, the draft plan includes
an existing heritage dwelling that will be preserved on a lot within the draft
plan for a total of 18 lots.  The
existing dwelling is not included in the servicing capacity allocated to the
applicant.  The remaining unit of
servicing capacity has been re-allocated to Lasseter Development Inc. within
the Berczy Village Community.

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.

Public Meeting held in November 2004

A statutory public meeting was
held in August 2005.  There were no
concerns with the proposal, however, at that meeting, staff indicated that they
were working with the applicant to ensure that the heritage dwelling has
sufficient land and amenity space.  Following
discussions with the applicant, Heritage staff are satisfied with the proposed
lot and siting of the heritage dwelling.

Temporary circle required

The Engineering
Department requires a temporary turning circle and will require several lots be
frozen until Tannis Street
is extended southward.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

The subject property is located
outside the TRCA screening
zone.  The TRCA
has no objection to the draft approval of the plan.

ENGAGE 21ST CONSIDERATIONS:

The proposed development promotes
goals set out in “Engage 21st Century Markham” by
providing for 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:

The draft plan proposes lots of
similar frontages to the adjacent subdivision to the north and east.  It respects the existing development and
provides for integration with the existing development context on adjacent
lands.  In addition, approval of the
draft plan ensures the preservation of the existing heritage dwelling within
the development.

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

RECOMMENDED

BY:    ________________________          ________________________

Valerie Shuttleworth, M.C.I.P,
R.P.P
Jim
Baird, M.C.I.P, R.P.P

Director,
Planning & Urban Design                Commissioner,
Development

Services

ATTACHMENTS:

Figure 1-Location Map

Figure 2-Air Photo

Figure 3-Site Context and Zoning

Figure 4-Proposed Draft Plan of
Subdivision

Appendix A-draft zoning by-law

Appendix B-draft conditions

APPLICANT/AGENT:

Joanne
Barnett

6 Dunkirk

Toronto, ON

M4C 2L9

Tel:  (416) 990-8367

Fax:  (416) 423-1980

File path: Amanda\File 05
009324\Documents\Recommendation Report