Report to: Development Services Committee Report Date: April 17, 2007

SUBJECT: PRELIMINARY REPORT

Oxnard Boxgrove Ltd.

Application for Zoning By-law Amendment to permit the rezoning of lands within 7085 14^th Avenue

Box Grove Planning District

ZA 07 108731

PREPARED BY: Sabrina Bordone, Planner – East Development District

(ext. 8230)

RECOMMENDATION:

That a public meeting be held to consider the application submitted by Oxnard Boxgrove Ltd. for a Zoning By-law Amendment to permit the rezoning of a portion of 7085 14^th Avenue, within the Box Grove Planning District.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

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 preliminary information regarding an application by Oxnard Boxgrove Ltd. for a Zoning By-law Amendment to permit the rezoning of certain lands within the property municipally known as 7085 14^th Avenue, and to recommend that a Public Meeting be held to consider the application.

BACKGROUND:

The subject lands are approximately 0.16 ha (0.40 ac) in area and form part of a larger 9.76 ha (24 ac) parcel of land at 7085 14th Avenue, located on the south side of 14th Avenue, east of the Canadian Pacific (CP) Rail Line in the Box Grove Secondary Plan Area (Figures 1, 3 and 4). The subject lands, located on the west side of the larger property, are intended to be combined with seven part lots situated immediately to the west within Draft Approved Plan of Subdivision 19TM-04001 (Phase 2). The subject lands consist of tablelands situated between Draft Approved Plan of Subdivision 19TM-04001 to the west and a tributary of the Little Rouge Creek to the east (Figure 3).

The Markham By-Pass Environmental Assessment Study completed by the Region of York in 2005 shows the preferred route of the By-pass traversing 7085 14th Avenue along its eastern edge, parallel to the CP Rail line (Figure 4). An arterial road link, either as the Markham By-Pass Link or as a Town Arterial road (extension of the Markham By-pass - Donald Cousens Parkway) will be required at this location in order to link the Markham By-pass interchange at Highway 407 to the portion of the 9^th Line By-pass south of 14^th Avenue. Council has allocated 150 units of servicing allocation to the Box Grove Trustee, intended for the development of this larger property in order to expedite the conveyance of the required right-of-way. However, with the exception of the subject application, to date there has been no development applications for the larger property.

Proposal to rezone subject lands from Agricultural to Residential

The subject lands are zoned Agricultural (A1) by By-law 304-87, as amended. The applicant wishes to rezone the subject lands to the same residential zone category as the part lots with which they are intended to be combined and which are located on the east side of Kentview Crescent (Figure 4). These part lots fronting on Kentview Crescent are zoned Residential Two, Special Exception 224 with a Hold Provision [R2*224(H)]. The zoning exception relates to development standards dealing with architectural features and encroachments. The Hold Provision relates to the provision of satisfactory overland flow route/outfall through the current applicant’s property to the tributary of the Little Rouge Creek.

Lots to be created through severance

The applicant is proposing to sever the subject lands from the larger property at 7085 14^th Avenue and combine them with the part lots on east side of Kentview Crescent (Figure 4). A consent application has been received by the Town and a hearing for the application will take place once the rezoning of the subject lands has been approved by Council.

As part of the consent application, the applicant is also seeking permission to grant an

easement over a 0.021 ha. parcel of land in the vicinity (Figure 4), in favour of the Town, to accommodate an overland flow route from the subdivision to the west.

Proposal conforms to Secondary Plan

The Box Grove Secondary Plan designates the lands “Urban Residential – Low Density Housing II”. Housing forms permitted in this designation include detached, semi-detached, duplexes and townhouse dwellings. The applicant is proposing to combine the subject lands with the part lots situated within Draft Approved Plan of Subdivision 19TM-04001 to permit the construction of seven single-detached dwellings.

Sufficient servicing allocation is available to permit proposed severance

On November 29, 2005, Council approved a water and sewer allocation strategy for the Town, including the Box Grove Secondary Plan Area, which assigned allocation to the Box Grove Developers Group Trustee. Allocation has been assigned by Council (3.5 units) for the seven part lots within 19TM-04001 with which the subject land are intended to be combined. The Box Grove Trustee appears to have sufficient allocation available for use within the Box Grove Secondary Plan Area and should be able to accommodate the additional 3.5 units needed for the subject lands to complete the seven single-detached lots. If the subject application is approved, Council will be requested to assign the additional 3.5 units of allocation for the subject lands from the Box Grove allocation.

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

If approved, the proposal to rezone the subject lands and combine them with the part lots from Draft Approved Plan of Subdivision 19TM-04001 will result in the completion of seven single-detached lots as intended, given the draft approval of the said part lots in Plan 19TM-04001.

OPTIONS/ DISCUSSION:

The following is a brief summary of the concerns/issues raised to date. These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in a final staff report to be presented to Committee at a later date:

Confirmation from the Box Grove Trustee that 3.5 units of allocation is available for the subject lands, as well as Council assignment of allocation to the proposed development, is outstanding.
Comments from external agencies, in particular the Toronto and Region Conservation Authority due to the proximity of the Little Rouge Creek tributary, and the Ministry of Culture since an archeological site is known to be in the vicinity although staff is not yet aware of its precise location.

FINANCIAL TEMPLATE (external link):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

The application was circulated to the Toronto and Region Conservation Authority for comments. Their comments will be incorporated into the review process as required.

ACCESSIBILITY CONSIDERATIONS:

None.

ENGAGE 21^ST CONSIDERATIONS:

Managed Growth

Approval of the proposed rezoning is consistent with a key goal set out in “Engage 21^st Century Markham” with respect to Managed Growth. The proposal, which will result in the completion of seven single-detached lots, promotes effective growth management by optimizing the use of the Town’s current infrastructure.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to all relevant agencies and departments. Their comments will be incorporated into the review process as required.

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:

ile path: Amanda\File 07 108731\Documents\Recommendation Report

Figure 1