Report to: Development
Services Committee Report
Date:
SUBJECT:
PREPARED BY: Alan
Brown, Director of
RECOMMENDATION:
That the staff report entitled “
That the Hold ‘H’ provisions for the ± 372 units in the Box Grove Community be lifted by by-law, subject to the following conditions:
· Execution by all necessary parties of an amendment to the June 2002 Memorandum of Understanding (MOU) with the Box Grove Developers, the Region of York, and the Town of Markham to include conditions related to the construction of the Donald Cousens Parkway (from existing HWY 407 to the Box Grove By-Pass);
·
Posting of a Letter of Credit with the Town or
Region to secure the construction of
· Approval of a traffic study to the satisfaction of the Town of Markham and Region of York confirming that the proposed / existing road network (without the Don Cousens Parkway from Copper Creek Drive to Box Grove By-Pass) can accommodate the additional development;
· Completion of construction of the following portions of the roads:
1.
2.
And that the Mayor and Clerk be authorized to enter into an amendment to the June 13, 2002 Memorandum of Understanding or new agreement(s) with the Box Grove Developers and Region of York to the satisfaction of the Chief Administrative Officer, Town Solicitor and Commissioner of Development Services;
And that the
Minister of Environment and the Minister of Public Infrastructure Renewal be
requested to assist in expediting the Environmental Approval for
And that Bruce Macgregor, CAO of the Region of York be advised accordingly;
And that staff be authorized and
directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not applicable
1. Purpose 2. Background 3. Discussion 4.
Financial
5. Others (Environmental,
Accessibility, Engage 21st, Affected
Units) 6. Attachment(s)
PURPOSE:
The purpose of this report is to update
Council on the status of issues required to complete the
BACKGROUND:
Memorandum of Understanding between the Town, the Region and the Developers
On
The Construction of
As per the MOU and the Phasing
Plan, the developers are obliged to construct a road (the Town Arterial Road)
that could form part of the Donald Cousens Parkway (referred to as Parkway) as
an unlit two (2) lane rural cross-section within a 20.0 m right-of-way (ROW) commencing
from the point of intersection where the Box Grove By-Pass meets the CPR
Havelock Line, northeast to a point of connection with the approach ramp to HWY
407 as per Attachment ‘A’.
While the MOU had no specific time
frame for delivery of the
Hold ‘H’ Provision in
the Box Grove area to limit Building Permits
The MOU and the Phasing Agreement
provides that no Group member in
Box Grove shall receive building permits for more than 80% of the total number
of units within their ownership until the
OPTIONS / DISCUSSION:
The MOU provides that the 20.0 m ROW required for the two (2) lane rural
Town Arterial road, located within the ownership of the participating
developers, is to be conveyed to the Town at no cost to the Town. Any acquisition of lands by the Town for the
Town Arterial Road ROW from the non-participating landowners is to be financed
through the Town Wide Hard Development Charges by-law. The MOU also requires the Developers to
protect, within their lands, sufficient ROW (36.0 m plus additional ROW for
intersection improvements) for the Parkway.
The MOU provides that the Region, through the Region’s Development
Charges Policy or other suitable arrangements, is responsible for the cost of
any lands required for roads beyond 20.0 m ROW.
The Box Grove Developers Group is responsible for the construction of a two
(2) lane rural road (Town’s
Environmental
Assessment Study for Parkway remains to be approved
The Region of York has completed the “Individual Environmental
Assessment for Transportation Improvements in the Markham By-Pass Corridor
South of HWY 407” (Markham By-Pass EA).
This study also outlined
the need for the realignment of
The EA study was submitted by the Region of York to the
Ministry of the Environment (MOE) on
The Region has proposed to both
the Ministry of Environment and the City of
The Town of
Property Acquisition
Two properties are required to construct the Parkway (from HWY 407 to Box Grove By-Pass). The first property is the Highcock parcel as shown in Attachment ‘B’. The Legal Department has advised that negotiations over many months have, as yet, failed to reach an agreement. The Owners insist that an amicable agreement is possible, and Town staff will continue to do so in concert with the Regions efforts as set out below.
The second parcel is the Vettese parcel as shown in Attachment ‘C’. Recent discussions with the Owner’s son and legal Counsel indicate that an amicable settlement is preferable to the family; however there are still issues related to market value which may make negotiations protracted. Likewise there may be no other option but to continue negotiations with Town staff while the Region proceeds with expropriation.
The Region of York has approved a
report dated
In order to construct the Parkway,
The Region of York has advised
that they have protected the option to acquire the ROW for the realigned
Ultimately, the Region of York will have to construct a grade separation at this location which is not scheduled in their 10 Year Capital Program.
Provision of Hold ‘H’ in Box
Grove
The Box Grove Developers, which currently have about 372 residential lots subject to a “Hold” until the Parkway from HWY 407 to Box Grove By-Pass is completed, have requested that due to the delay in property acquisition and EA approval, which is beyond their control, the Hold ‘H’ provision on these lots be released.
At the Town of
In addition, staff have reviewed
the outstanding roads not constructed in the Secondary Plan Area and recommend
that the balance of
Parkway as per Attachment ‘F’ be constructed as a condition of the release of the ± 372 lots to improve traffic movements in the community.
Town staff have reviewed the developers’ request and are in agreement with the release of the ± 372 lots prior to the Parkway being completed subject to the following conditions:
· Execution of an amendment to the June 2002 Memorandum of Understanding (MOU) by the Box Grove Developers, the Region of York, and the Town of Markham to include conditions related to the construction of the Donald Cousens Parkway (from existing HWY 407 to Box Grove By-Pass);
·
Posting of Letters of Credit to secure the
construction of
· Approval of a traffic study to the satisfaction of the Town of Markham and Region of York confirming that the proposed / existing road network (without the Donald Cousens Parkway from Copper Creek Drive to Box Grove By-Pass) can accommodate the additional development;
· Construction of the following portions of the roads:
1.
2.
The Region of York has also
approved a report dated
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
The
The preliminary estimate for the
cost to construct the Parkway in Box Grove is approximately $1.7M. A portion of this cost (approx. $600,000) has
been secured from the Box Grove Developers to the south of
BUSINESS UNITS CONSULTED
AND AFFECTED:
The Planning Department, Legal
Department and Region of York has reviewed and commented on this report.
RECOMMENDED BY:
_________________________ _______________________________
Alan Brown, C.E.T Jim
Baird, M.C.I.P., R.P.P
Director of
ATTACHMENTS:
§
Attachment ‘A’
-
§
Attachment ‘B’
- Highcock Property
§
Attachment ‘C’
- Vettese and
§
Attachment ‘D’
- Region’s report dated
§
Attachment ‘E’
- Region’s report dated
§
Attachment ‘F’
- Proposed Road Construction
Q:\Development\Engineering\REPORTS\2007\October\Box
Grove- Hold Removal.doc