Report to: Development Services Committee Report Date: May 29, 2007
SUBJECT: RECOMMENDATION REPORT
Cottonlane
Estates Inc.
158,
168, 178 Old
Kennedy Road
Draft
Plan of Subdivision (19TM-05019) to create a park block, a medium density
block and a mixed use block on the west side of Old Kennedy Road, south of
Victory Avenue
Main Street Milliken
File:
SU.05-023993
PREPARED BY: Teema Kanji, Senior Planner ext. 4480
Central
Team
RECOMMENDATION:
That
the report dated May 29, 2007 entitled “Cottonlane
Estates Inc., 158, 168 and 178 Old Kennedy Road, Draft Plan of Subdivision
(19TM-05019) to create a park block, a medium density block and a mixed use
block on the west side of Old Kennedy Road, south of Victory Avenue,
(SU.05-023993)” be received;
That
the record of the Public Meeting held on October 3, 2006, regarding the proposed plan of subdivision be
received;
That
draft plan of subdivision 19TM-05019 located on the west side of Old Kennedy
Road, south of Victory Avenue, proposed by Cottonlane
Estates Inc., be draft approved subject to the conditions outlined in Appendix
‘A’;
That
the Owner shall enter into a No Presale Agreement with the Town, 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 lands (19TM-05019), until full servicing allocation
has been granted by Council for the proposed development, prior to draft plan
approval being issued. The Agreement
shall include but not be limited to the following:
(A)
Not to enter into
any agreements or purchase and sale with end users (eventual homeowner who is
purchasing an individual lot containing a dwelling for the purpose of occupancy)
for the subject lands until such time as:
(a)
i. York Region
has advised in writing that it is no earlier than twelve (12) months prior to
the expected completion of the Duffin Creek Water
Pollution Control Plant expansion project and the Southeast Collector Trunk
Sewer project; and
ii.
The Council of
the Town of Markham has allocated adequate available water supply and
sewage servicing capacity to the subject development;
or,
(b)
the Town of Markham approves the assignment of servicing allocation to
this development that is not dependent upon the construction of infrastructure;
or
(c) the Regional Commissioner of Transportation and Works
confirms servicing capacity for this development by a suitable alternative
method and the Town of Markham allocates the capacity to this development.
And
(B) Not enter into any agreements of purchase
and sale with non end users for the subject lands unless the agreement of
purchase and sale contains a condition that requires the purchaser and any
subsequent purchasers to enter into a separate agreement with the Town of
Markham, which agreement shall be registered on title, committing the Owner to
the same terms as set out in item A above.
That
the Owner shall apply for a zoning by-law amendment to permit the proposed stacked
townhouse development, mixed use block and parkette. This
approval shall be in place, prior to final draft plan approval;
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution;
That
the applicant provide to the Town the required payment of 30% subdivision
processing fees in accordance with the Town’s Fee By-law.
And
that the draft plan approval for plan of subdivision 19TM-05019 will lapse
after a period of three years commencing May 29, 2007, in the event that a subdivision agreement is not
executed within that period.
EXECUTIVE SUMMARY:
The subject lands comprise approximately
2.5 hectares (6.3 acres) at 158, 168 and 178 Old Kennedy Road, within the
Milliken Main Street Secondary Plan area (Figure 1), and are currently occupied
by three detached dwellings and a number of accessory buildings. The dwelling at 158 Old Kennedy Road has been identified as a heritage building and will
be preserved on site and used for commercial use. The purpose of this report is to recommend
approval of the proposed draft plan of subdivision by Cottonlane
Estates Inc. to create blocks for a future development of 82 stacked
townhouses, and a mixed use building with 28 apartment units and at-grade
retail. The draft plan of subdivision
also includes a 0.10 ha (0.24 acre) parkette.
The proposed development
complies with the Official Plan and the Milliken Main Street Secondary
Plan. A site-specific zoning amendment
is required, but the owner has not applied for a zoning by-law amendment at
this time. This will be included as a
condition of draft plan approval.
A public meeting was held on October 3, 2006 and no issues were identified for this project.
There are several studies
which must be completed including a functional traffic study, an environmental
site assessment and a noise study. Any
revisions resulting from the recommendations of these required technical studies
will be made prior to registration of the plan. The applicant will be required
to pay the estimated area-specific development charges and in advance of an
executed Developers Group Agreement, a proportionate share of the cost of
community facilities within the Milliken Main Street Secondary Plan area, prior
to execution of the subdivision agreement.
This project does not have a
servicing allocation assignment. The
property is zoned with a holding zone provision, which requires amongst other
things that the Town be satisfied that adequate water and sanitary facilities
and stormwater management facilities be available to
service the subject lands. As a
condition of draft plan approval, the Owner will be required to enter into a No
Pre Sale Agreement with the Town to be registered on title, committing the
Owner not to enter into any agreements of purchase and sale with anyone,
including other developers or builders until full servicing allocation has been
granted by Council for the proposed development. Any distribution or assignment of servicing
allocation will be subject to future applications for site plan approval/Council
endorsement and condominium approval.
The Hold removal would only be lifted when the Town receives
confirmation from the Trustee that servicing has been allotted for this
project.
It is recommended that draft
plan of subdivision (19TM-05019) be draft approved subject to conditions
outlined in Appendix ‘A’.
FINANCIAL CONSIDERATIONS:
Not
applicable
The purpose of this report is to discuss and recommend
approval of draft plan of subdivision for proposed plan of subdivision
19TM-05019, submitted by Cottonlane Estates Inc. to
create a park block, a medium density block and a mixed use block on the west
side of Kennedy Road, south of Victory Avenue.
The subject property is located north of Steeles Avenue on the west
side of Old Kennedy Road (Figure 1)
and consists of an area of approximately 2.5 hectares (6.3 acres). The subject parcel is the result of
consolidating 3 properties. The site has
an approximate frontage of 81 metres (267 feet) and
currently contains three detached dwellings and a number of accessory
buildings.
Surrounding land uses include employment uses to the north
(including a lumber yard and retail) and south (including a bowling alley),
residential uses and a place of worship to the east across Old Kennedy Road and
an active GO rail line to the west (Figures 2 and 3).
Revised draft
plan of subdivision complies with the Milliken
Main Street Secondary Plan
The revised draft plan of subdivision complies with the
Milliken Main Street Secondary Plan. The
lands fronting onto Old Kennedy Road are
designated Community Amenity Area – Main Street in the
Secondary Plan. This designation provides
for a mix of residential and commercial uses at grade to provide a “main
street” character along Old Kennedy Road. The Secondary Plan further specifies that
buildings shall generally not exceed a Floor Space Index (FSI) of 1.0, but that
an FSI of up to 1.25 may be permitted subject to consideration of a specific
development proposal. The concept plan
for the proposed development indicates an FSI of approximately 0.64, which will
be further refined through the review of zoning and site plan approval.
The remaining lands are designated Urban Residential –
Medium Density, which provides for a maximum density of 79.9 units per net hectare
(32 units per net acre). The proposed
development would have a density of 71 uph (28.7 upa) which is consistent with the requirements of the
Secondary Plan.
Revised draft
plan is consistent with Secondary Plan
The original draft plan of subdivision was not consistent
with the Secondary Plan road concept; it did not include a parkette,
provided poor integration with future road patterns and redevelopment of
adjacent parcels to the north and south (Figure 4). The applicant has revised the draft plan to
address these concerns.
The new plan now includes a new east/west local road
(Street ‘A’) which lines up with Aldergrove Drive
(east side of Kennedy) and extends westward from Old Kennedy Road to connect
with a north/south road adjacent to the GO rail line. A 25 m road allowance and
buffer block is provided at the west limit of the property to accommodate the
proposed future north/south Thelma/Victory Avenue road link and a safety berm adjacent to the GO rail line, consistent with other developments
approved on the west side of Old Kennedy Road (Figure 5).
The development concept consists of 82 stacked townhouses serviced
by rear lanes, and a mixed use building with 28 residential apartments and at-grade
retail. The townhouses and mixed use
building will be 3 storeys in height (Figures 6).
Revised draft
plan incorporates parkette
The Secondary Plan identifies a 0.4 ha (0.98 acre) parkette west of Old Kennedy
Road, south of Victory
Avenue with a connection to the Neighbourhood Park by means of
a public street or pedestrian path. The
Owner has revised the draft plan of subdivision and incorporated a 0.10 ha (0.24
acre) parkette, which will be fronted by townhouses
and located at the terminus of a future north/south street. Although, the parkette
is smaller than the parkette anticipated by the
Secondary Plan, there will be an opportunity to mimic this development and
provide additional parkland on lands north and south of the subject lands.
Functional
design plan required
Traffic signals are proposed to be installed at the
intersection of Aldergrove Drive and Old Kennedy
Road by the end of this year. A functional design plan is required to
confirm the required widening along Old Kennedy
Road to accommodate the future Old
Kennedy cross-section, including any required turning lanes. It is recommended that the draft plan of
subdivision be revised, if necessary, to reflect the recommendations of the
approved functional traffic study.
Heritage
House preserved on site and incorporated with the mixed use development
The 1940’s house at 158 Old
Kennedy Road is one of 14 buildings of heritage
interest located within the Milliken Secondary Plan Area. The house is a remnant of the first phase of sub
urbanization of this community that mainly occurred from the mid 1930’s to the
mid 1950’s. The heritage house will be
retained in its existing location and integrated with the proposed mixed use
development fronting Old Kennedy Road.
Site specific
zoning by-law amendment required
The implementing zoning by-law for the Milliken Main
Street Secondary Plan Area generally permits the proposed development in terms
of proposed uses (stacked townhouses and mixed use buildings). However, a zoning by-law amendment is
required to address the specific setback requirements and other development
standards in order to permit the specific development and parkette.
Proposed
development requires servicing allocation
The emerging Developers Group has been assigned 305 units by
Council (projected population of 723), but there is no allocation currently
identified for this development. This
servicing allocation has been reserved for developments which provide important
road links within the Milliken Main Street Secondary Plan Area, such as Gorvette Drive and the Midland
Avenue extension. The Developers Group has requested an
additional 150 units for the Milliken Main Street Area to facilitate the
development of projects such as the Cottonlane
Estates Inc. project. The Owner would
require an initial servicing allocation of 82 units to construct the proposed
stacked townhouses (Phase 1).
The property is zoned with a holding zone provision, which
requires amongst other things that the Town be satisfied that adequate water
and sanitary facilities and stormwater management
facilities be available to service the subject lands. Staff are not
recommending that the Hold provision be removed at this time. The recommendation for draft plan approval
is for the purpose of acquiring portions of a future east/west road allowance (Aldergrove Drive) and lands
for a parkette.
Any distribution or assignment of servicing allocation will be subject
to a future application for site plan approval and Council endorsement and will
have to be allotted through the Trustee for the emerging Developers Group.
The Owner will be required to enter into a No Pre Sale
Agreement with the Town, to ensure that no units are sold prior to obtaining
servicing allocation.
In addition, servicing studies are required to determine
whether the additional infrastructure beyond that identified in the Servicing
Study prepared for the entire Milliken Main Street Secondary Plan area is
required to service the proposed development.
Area Specific
Development Charge By-law being prepared for the Milliken
Main Street Area
An area-specific development charge by-law, reflecting
proposed infrastructure and streetscape improvements for the entire Milliken
Main Street study area, has not yet been
adopted. Until such a by-law is enacted,
all development within the area will be subject to a local service improvement
contribution to be specified in the subdivision agreement. This is a condition of draft plan approval
(Appendix ‘A’).
Applicant required
to be signatory to Developers Group
A developers group is in the process of being formed for
the Milliken Main Street Secondary Plan area.
The owner will be required to enter into an agreement with the Milliken
Main Street Developers Group, or make alternate arrangements with the Town,
regarding the payment of a proportionate share of cost of the community
facilities within the Milliken Main Street Secondary Plan area, prior to
execution of the subdivision agreement.
This is a condition of draft plan approval (Appendix ‘A’).
Noise and Vibration
Study required
A noise and vibration study is required to be submitted
prior to final draft plan approval to assess the potential noise impacts from
traffic levels on Old Kennedy Road, Kennedy
Road, from operations in the vicinity of
the subject property, and GO Tranist rail line. The conditions of draft plan approval require
the Owner to implement any noise mitigation measures that may be recommended
from the Noise and Vibration Study and to include appropriate warning clauses
in agreements of purchase and sale for prospective purchasers
Environmental
clearance required to support residential uses
The Milliken Main Street Secondary Plan requires that
prior to the development, the proponent must demonstrate, to the satisfaction
of the Town that the environmental condition of the property is suitable for
the proposed land use and will not result in adverse effects to human health or
the natural environment. An
environmental site assessment will be required as a condition of draft plan
approval, and any necessary remediation measures will be required to be implemented
prior to development.
It is recommended that the proposed plan of subdivision be
draft approved subject to conditions outlined in Appendix ‘A’.
Not applicable
Not applicable
Not applicable
The proposed development promotes a number of key goals
set out in “Engage 21st Century Markham” by providing for efficient
use of infrastructure, transit-supportive land use patterns and density and
compact development.
The requirements of other municipal departments and
external agencies have been incorporated into the draft plan and recommended
conditions of draft plan approval.
RECOMMENDED BY:
________________________ ________________________
Valerie Shuttleworth, M.C.I.P., R.P.P. Jim Baird, M.C.I.P., R.P.P.
Director of Planning & Urban
Design Commissioner of Development Services
FILE LOCATION:
Amanda/SU 05-023933/Document Tab/Recommendation Report
Figure 1: Location
Map
Figure 2: Area
Context/Zoning
Figure 3: Aerial
Map
Figure 4: Original
Draft Plan of Subdivision
Figure 5: Revised
Draft Plan of Subdivision
Figure 6: Conceptual
Site Plan
Appendix ‘A’ Conditions of Draft Plan Approval
AGENT
Plantactics Tel:
(416) 694-4959
c/o Scott Kapuscinski Fax:
(416) 694-4958
15 Glenmount Park Road
Toronto, ON
M4E 2M8