Report to: Development Services Committee Report Date:
SUBJECT: RECOMMENDATION
REPORT
Flato
Development Inc.
Draft
Plan of
Files:
SU.06-106298 and ZA.06-106303
PREPARED BY: Stacia Muradali, Project Planner, ext. 7922
Central
District Team
RECOMMENDATION:
That the report dated October 16, 2007 entitled “Flato
Development Inc. Draft Plan of Subdivision (19TM-06004) and Zoning By-law
Amendment to create medium density residential, park, school and road blocks,
and to implement a site-specific By-law on the west side of Old Kennedy Road,
north of Victory Avenue, 272 Old Kennedy Road” be received;
That the record of the Public Meeting held on May 16,
2006, regarding the proposed plan of subdivision and zoning by-law amendment be
received;
That draft plan of subdivision 19TM-06004 located on
the west side of Old Kennedy Road, north of Victory Avenue, proposed by Flato
Development Inc., be draft approved subject to the conditions outlined in
Appendix ‘A’;
That the draft implementing Zoning By-law (ZA 06
106303) to amend By-law 177-96, as amended, attached as Appendix “B” be
finalized and enacted;
That the Owner enter into a No Presale Agreement with
the Town for Phase II, 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-06004 –
Phase II), until additional servicing allocation has been granted by Council
for the proposed Phase II of the development;
That the Owner provide to the Town the required
payment of 30% subdivision processing fees in accordance with the Town’s Fee
By-law;
That
the Owner provides written confirmation from the Trustee of the Milliken Main
Street Landowners Group that servicing allocation is available for 16 townhouse
units;
That
Flato Development Inc. be granted servicing allocation for 16 townhouse units,
such allocation to be taken from the total current allocation for the Main
Street Milliken Secondary Plan;
That
the Town reserves the right to revoke or re-allocate such servicing allocation
at it’s sole discretion, should development not proceed in a timely fashion;
And that Staff be authorized and directed to do all
things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
The
subject lands include approximately 1.15 ha (2.84 acres) at
The
applicant is proposing through the draft plan of subdivision to provide for a
mix of land uses such as residential, recreational and open space, and
institutional which are contemplated in the Main Street Milliken Secondary
Plan. The proposed school and neighbourhood park sites will assist in
supporting the community structure and patterns of land use envisioned in the
Secondary Plan.
A
public meeting was held on
The
Trustee for the emerging Milliken Main Street Landowners Group has indicated
that the proposed development has been assigned servicing allocation for 16 townhouse
units with a projected population of 45 people for Phase I out of the 32 units
proposed. The remaining 16 units will be
developed as part of a second phase when servicing allocation becomes
available. The Cost Sharing Agreement has
not yet been finalized by the Group. As
a condition of draft plan approval, the Owner will be required to execute the
Cost Sharing Agreement and a final release will be required from the Trustee.
The Owner will be required to provide an additional Letter of Credit if the
area specific development charges are higher.
It
is recommended that draft plan of subdivision (19TM-06004) be draft approved
subject to conditions outlined in Appendix ‘A’.
FINANCIAL CONSIDERATIONS:
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 discuss and recommend
approval of a Draft Plan of Subdivision and Zoning By-law Amendment for proposed
plan of subdivision 19TM-06004, submitted by Flato Developments Inc. to create medium
density residential, park, school and road blocks on the west side of Old Kennedy
Road, north of Victory Avenue, municipally known as 272 Old Kennedy Road.
BACKGROUND:
Property and Area Context
The subject property is located north of
The adjacent property to the north (298 Old Kennedy
Road) and the property to the south (262 Old Kennedy Road and 60 Victory Avenue)
are currently the subject of draft plan of subdivision applications to create
medium and high density residential, park, school and road blocks. There is an
active GO rail line to the west, and predominantly single family residential
homes on the east side of
Proposed draft plan of subdivision has
been modified
The original draft plan of subdivision proposed two
townhouse blocks to be developed with 12 townhouse units, a high density block
proposed to be developed with 50 apartment units, a school block, park block and
commercial block (Figure 4). The concept
proposed backlotting of a townhouse block onto a reconfigured park block to the
east. The proposed blocks on the west
side of Street ‘A’ were to form part of larger blocks, which required
negotiating a land exchange with adjacent landowners. The applicant has been
unable to secure a land exchange and has revised the draft plan of subdivision
to accommodate development on the subject property only. This is discussed in further detail below.
Revised proposal for 32 townhouse units,
a school block, park block and road block
The draft plan of subdivision has been revised to
create a 0.34 hectare (0.84 acre) medium density residential block ( Block 1)
for a proposed development of 32 townhouse units, a 0.3 hectare (0.74 acre)
park block (Block 2), a 0.33 hectare (0.8 acre) school block (Block 3), a 0.12
hectare (0.3 acre) and a 0.06 hectare (0.22 acre) road block. The draft plan
shows a 0.12 hectare (0.3 acre) commercial block (Block 4) on the west side of
The revised draft plan (Figure 5) shows a conceptual
layout for 14 townhouse units (Phase I) on Block 1. However, the applicant
anticipates the development of 16 townhouse units during this Phase. Phase II
of the residential development will be comprised of 16 townhouse units and will
be located to the west of the Phase I development and will abut
The revised draft plan (Figure 5) also reflects the
draft plan of subdivision proposed for the adjacent lands to the south (
The shaded area in black represents the road block
(part of Street ‘A’) which will be created through this application. The Owner
will revise the draft plan and identify the road portion as a separate Block on
the plan although the backlotting against the park has been removed. The configuration
of the park and school blocks have not been finalized and as a result, the
draft plan may require modifications prior to registration. The Owner also
shows a turning circle provided on the adjacent property to the north, however,
the plan may need to be revised to accommodate the turning circle on the
subject property if required. These are included as conditions of draft
approval (Appendix ‘A’).
OPTIONS/ DISCUSSION:
Revised draft plan is consistent with
Secondary Plan
The majority of the subject lands (east of
The Main Street Milliken Secondary Plan provides for a
There were preliminary discussions between Flato
Development Inc and the landowners of the adjacent lands to the south (Louis
and Gianna Aldrovandi) to consolidate the land parcels, however these
discussions were unsuccessful. The draft plan of subdivision for the adjacent
lands to the south has been reviewed in relation to this application. The
proposed development for both applications will be subject to site plan
approval and will be considered comprehensively and within the context of each
other and the surrounding lands.
Site specific zoning by-law amendment
required to permit proposed development
The implementing Zoning By-law for the Main Street Milliken
Secondary Plan zones the subject lands Residential Four * 269 – Hold [R4*269
(H)], Open Space One * 271 – Hold [OS1*271 (H)] and Residential Three * 270*271
– Hold [R3*270* 271(H)]. The remainder
of the lands (west side of
A site specific zoning by-law amendment is required to
introduce specific setback requirements and other development standards to
permit this development. The property is
zoned with a holding zone provision, which requires amongst other things that a
subdivision agreement be executed, and that the Town be satisfied that adequate
water and sanitary facilities and stormwater management facilities be available
to service the subject lands. The Owner
will be required to enter into a No PreSale Agreement with the Town, to ensure
that no units within Phase II are sold prior to obtaining servicing allocation.
The hold provisions will remain on the property until all of the required
conditions to remove the hold have been met.
Proposed grade separation required for
the GO Transit Line
The easterly portion of the lands which fronts onto
Proposed development has servicing allocation
for 16 units
The emerging Landowners Group has been assigned 305
units by Council (projected population of 723), and the Group has provided the
Town with a Certificate indicating that 16 units have been allocated for this
development, which would accommodate Phase I of the proposed development. In
addition, servicing studies are required to determine whether the additional
infrastructure beyond that identified in the Servicing Study prepared for the
entire Main Street Milliken Secondary Plan area is required to service the
proposed development. A Functional Servicing Study is required prior to
registration and is a condition of draft plan approval.
Functional Traffic Design and Impact
Study is required
The Main Street Milliken Secondary Plan outlines a
conceptual local road network to achieve an appropriate and efficient traffic
circulation pattern within the Secondary Plan Area. Council agreed to provide
the emerging Landowners Group with 305 units of servicing allocation provided
the Group delivered the following infrastructure improvements for the Main
Street Milliken area:
- Extension
of
- Completion
of
- Completion
of Street ‘A’ from
- Completion
of
The Group indicated that they will not be able to
deliver
The Engineering Department has advised that they will
require a Traffic Impact Study to determine if the proposed interim road
configurations are sufficient to accommodate the proposed 32 units and 132
apartment units on the property to the south (Aldrovandi). This is a condition of draft plan approval
(Appendix ‘A’). Additional access routes, roads, turning circles may be
required for proper circulation throughout the proposed subdivision and a
condition of draft approval will ensure these are provided.
Area Specific Development Charge By-law being
prepared for the
An area-specific development charge by-law, reflecting
proposed infrastructure and streetscape improvements for the entire Main Street
Milliken study area, has not yet been enacted.
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
Landowners Group
A landowners group is in the process of being formed
for the Main Street Milliken Secondary Plan area. The Owner will be required to enter into an
agreement with the Milliken Main Street Landowners Group, or make alternative
arrangements with the Town, regarding the payment of a proportionate share of
cost of the community facilities within the Main Street Milliken 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 registration to assess the potential noise impacts from traffic levels
from
Drainage Report required by GO Transit
GO Transit has indicated that any proposed alterations
to the existing drainage pattern affecting GO Transit property must receive
approval from GO Transit and be substantiated by a drainage report, to the
satisfaction of GO Transit. This is a condition of draft plan approval
(Appendix ‘A’).
Environmental clearance required to
support residential uses
The Main Street Milliken Secondary Plan requires that
prior to the development, the Owner 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. A record of Site Condition will be filed by the Owner’s
environmental consultant for all of the lands within this plan.
Tree
inventory and preservation plan is required
There are trees and natural vegetation on the site, especially
towards the front and rear of the property. An overall tree inventory and
preservation plan is required as conditions of draft approval.
Site plan application is required
All lands within the Main
Street Milliken Secondary Plan area are subject to site plan control. Site plan
applications will be required for the proposed development to ensure
appropriate built form and interfacing with the proposed development to the
south and north, and the surrounding context, and to ensure that the desired
revisions are incorporated into the proposed development. Servicing allocation
for Phase II will also be controlled through site plan approval.
FINANCIAL TEMPLATE: (external link)
Not
applicable
ENVIRONMENTAL CONSIDERATIONS:
Tree
inventory and preservation plan and environmental site assessment are required.
ACCESSIBILITY CONSIDERATIONS:
Not
applicable
ENGAGE 21ST CONSIDERATIONS:
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.
BUSINESS UNITS CONSULTED AND AFFECTED:
The requirements of other municipal departments and
external agencies have been incorporated into the draft plan and recommended
conditions of draft plan approval.
It is recommended that the proposed plan of
subdivision be draft approved subject to conditions outlined in Appendix ‘A’.
RECOMMENDED BY:
______________________________ ________________________________
Valerie
Shuttleworth, M.C.I.P., R.P.P. Jim Baird, M.C.I.P.,
R.P.P.
Director
of
File Location:
Amanda/SU 05-023933/Document Tab/Recommendation Report
ATTACHMENTS:
Figure
1: Location Map
Figure
2: Area Context/Zoning
Figure
3: Aerial Map
Figure
4: Original Draft Plan of
Figure
5: Revised Draft Plan of Subdivision
Appendix ‘A’ Conditions of Draft Plan Approval
Appendix
‘B’ Proposed Zoning By-law Amendment
AGENT/OWNER:
Flato
Developments Inc. Tel:
(905) 479-9292
c/o
Shakir Rehmatullah Fax: (905)
479-9165
3601 Highway 7