Report to: Development Services Committee Report Date: October 16, 2007
SUBJECT: RECOMMENDATION REPORT
Louis
and Gianna Aldrovandi
Draft
Plan of Subdivision (19TM-05007) to create high and medium density residential, park,
school and road blocks west of Old Kennedy Road, north of Victory Avenue
60
Victory Avenue and 262
Old Kennedy Road
Main
Street Milliken
File No: SU 05 011171
PREPARED BY: Stacia
Muradali, Project Planner, ext. 7922
Central District Team
RECOMMENDATION:
That the report
dated October 16, 2007 entitled “Louis and Gianna Aldrovandi, Draft Plan of
Subdivision (19TM-05007) to create high and medium density residential, park,
school and road blocks west of Old Kennedy Road, north of Victory Avenue at 60
Victory Avenue and 262 Old Kennedy Road”, be received;
That the record
of the Public Meeting held on October
17, 2006, regarding the proposed plan of subdivision be received;
That draft plan
of subdivision (19TM-05007) located north of Victory Avenue, west of Old
Kennedy Road, proposed by Louis and Gianna Aldrovandi, be draft approved
subject to the conditions outlined in Appendix ‘A’ and subject to amendment of the plan to
conform with the Main Street Milliken Secondary Plan;
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
granting of further servicing allocation be deferred until the time of Site
Plan Approval;
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-05007), until full servicing allocation has been granted by
Council for the proposed development.
That the Town
reserves the right to revoke or re-allocate servicing allocation at it’s sole
discretion, should development not proceed in a timely manner;
That the draft
plan approval for plan of subdivision 19TM-05007 will lapse after a period of
three years commencing October 16, 2007, in the event that a subdivision
agreement is not executed within that period;
And that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
EXECUTIVE SUMMARY:
The subject lands consist of two
properties located on the northwest side of Victory
Avenue and Old Kennedy
Road which extend to Kennedy
Road, with a combined area of 2.9 hectares (7.2
acres). The purpose of this report is to recommend approval of the proposed
draft plan of subdivision by Louis and Gianna Aldrovandi to create high and
medium density residential, park, school and road blocks in conformity with the
Main Street Milliken Secondary Plan.
The Owner is proposing to provide
for a mix of land uses which are contemplated in the Main Street Milliken
Secondary Plan. However, the density currently proposed exceeds the Main Street
Milliken Secondary Plan provisions for density (ranging from 64 to 96 units per
net hectare). The Owner will be required to amend the unit count noted on the draft
plan to conform with the Secondary Plan.
While there was a previous servicing
allocation identified for this location, it is not sufficient to accommodate
the proposed development of this site as currently proposed by the applicant. It is recommended that the assignment of servicing
allocation be deferred to the Site Plan Approval stage, pending revisions to
the plans to comply with the density provisions of the Secondary Plan.
A public meeting was held on October 16, 2006 and there were no
submissions received. There are several studies which must be completed
including a functional servicing study, noise and vibration study,
environmental site assessment, tree inventory and preservation plan and a
traffic impact study. Any revisions resulting from the recommendations of these
required technical studies will be made prior to registration of the plan.
The Owner will be required to
provide a Letter of Credit for the estimated area-specific development charges
and, in advance of an executed Landowners Group Agreement, a proportionate
share of the cost of community facilities within the Main Street Milliken Secondary
Plan Area, prior to the execution of the subdivision agreement. The Owner
further will be required to provide additional Letter of Credit if the area
specific development charges are higher.
FINANCIAL CONSIDERATIONS:
Not applicable
Property and Area Context
The subject
property is comprised of two lots on the northwest side of Victory
Avenue and Old Kennedy
Road (Figure 1) with a combined area of 2.9
hectares (7.2 acres). Surrounding land uses include Victory
Avenue and commercial/industrial uses to the
south, a vacant property and Kennedy Road
to the immediate west, and an active GO rail line further west. There is a
single detached dwelling located to the immediate east of the proposed draft
plan of subdivision, and an established single family residential community to
the east of Old Kennedy Road.
There is a
draft plan of subdivision application for the property to the immediate north,
to create medium density residential, park, school and road blocks (Flato
Development Inc).
Proposed draft plan of subdivision
The draft plan
of subdivision identifies a 1.23 hectare high density residential block (Block
1), a 0.2 hectare road block (Block 2), a 0.9 hectare park block (Block 3) and
a 0.53 hectare school block (Block 4) (Figure 4). The draft plan also proposes
12 townhomes to be developed on part of Block 3, the park block. The location
and configuration of the Neighbourhood
Park and adjacent school site have
not been finalized and as a result, a separate block for the townhouse
development has not been shown at this time. The park block will constitute
part of a Neighbourhood Park
which was identified in the Main Street Milliken Secondary Plan. The York
Region District School Board has identified a need for an elementary school
adjacent to the Neighbourhood Park.
As a result, a school block will be created through this draft plan. Once the Neighbourhood
Park and school site are finalized,
the draft plan will be amended to delineate the blocks separately, including a
future potential pedestrian link to Victory Avenue.
Blocks 5,6,7 and 8 are 0.3 metre reserves required by the Town.
The Owner is currently
proposing to develop Block 1 with two condominium apartment buildings each
containing approximately 66 units. The plan also shows two additional
residential buildings to be developed in the future. The draft plan also
proposes a local road identified as Street ‘A’ (Block 2) which will run north
from Victory Avenue to
connect with the future extension of Gorvette Drive
(Figure 4).
The west portion
of the lands, approximately 43 metres in width (illustrated by the dotted line
extending diagonally across the future residential buildings on Block 1) are
protected to accommodate future road works required to construct a grade separation
for the GO rail line (Figure 4).
The draft plan
requires an amendment to accommodate a cul-de-sac at the west end of Victory
Avenue. Additional lands will also be required to
be conveyed to the Town to facilitate a minimum 17.0 width or wider right-of-way
for the construction of Victory Avenue.
OPTIONS/ DISCUSSION:
Secondary Plan
The subject
lands are within the Main Street Milliken Secondary Plan area. The westerly
portion of the lands are designated Urban
Residential High Density I which contemplates apartment buildings and other
forms of multiple unit housing within a density of 64 to 96 units per net
hectare (26 to 39 units per net acre) and with a maximum height of six (6)
storeys. The Secondary Plan designates the middle portion of the lands Neighbourhood Park, and the easterly portion of the
lands which front onto Old Kennedy Road
is designated Urban Residential Medium
Density which allows townhouses, terrace houses and other forms of multiple
unit housing within a density which does not exceed 79.9 units per net hectare
(32 units per net acre). The easterly portion of the lands are also designated
for an elementary school site.
Two condominium
buildings are proposed on Block 1, which would contain a total of 132 units, at
a density of 107 units per hectare. The
proposed density exceeds the 96 unit per hectare maximum provided for in the
Secondary Plan under the Urban
Residential High Density I designation. Therefore, the draft plan must be amended to
reflect the appropriate number of units to conform to the Secondary Plan, and a
future site plan application to reflect the revised unit count, submitted.
The Urban
Residential High Density I designation also provides for a maximum building height
of approximately six storeys. Exceptions to the height provisions may be
permitted subject to appropriate integration with surrounding development, and
approval of a site specific proposal. The Owner has provided conceptual
building elevations of the two condominium apartment buildings, which show both
buildings at eight storeys. The matter
of appropriate building heights will also be addressed through a future site
plan application.
Issues of site
layout, access and built form for the apartment block will be addressed, in
detail, through the site plan approval process, to ensure appropriate
relationships with the proposed development to the north, and the proposed Neighbourhood
Park and elementary school.
The applicant
also indicated 12 townhouse units on part of the park block (Block 3). The Secondary
Plan designates a portion of Block 3 Urban
Residential Medium Density. This designation provides for residential density
which does not exceed 79.9 units per net hectare and buildings which do not
exceed a height of three (3) storeys. Conformity with the Secondary Plan will be
determined when the portion of Block 3 required for the park is finalized.
Zoning
The westerly
half of the subject lands are zoned Residential Four *269 –Hold [R4*269 (H)],
Open Space One *271- Hold [OS1*271 (H)], and the easterly portion of the lands
are zoned Residential Three *270*271- Hold [R3*270*271 (H)] in By-law 177-96.
The Owner has
not submitted a zoning by-law amendment application nor detailed site plan or
building elevations. The concept plan
provided in support of the draft plan proposes two eight-storey apartment
buildings on Block 1 which is zoned R4*269.
This zone category permits a maximum height of 18 metres (approximately
6 storeys) and a maximum of 96 dwelling units per net hectare, reflective of
the Secondary Plan.
The two
condominium apartment buildings identified on the concept plan do not comply
with the current zoning. As noted, the
draft plan will be revised to reflect the permitted unit count. A comprehensive zoning review will be
undertaken when a site plan application is submitted to determine compliance
with the zoning by-law.
Integration of proposed development with the adjoining parcels
Integration of
the draft plan of subdivision with the property to the north will be assessed
with a view to maximizing connectivity within these lands, and particularly
with the proposed Neigbourhood Park
and school site. Discussions need to occur among the land owners for the
subject lands and the lands to the north to ensure potential shared access opportunities
are maximized. Preliminary discussions had occurred between the landowners to
consolidate the land parcels however, they were unsuccessful. Town staff will
continue to work with both applicants through co-ordinated site plan
applications to ensure the desired revisions and results are achieved. The
proposed draft plan of subdivision for the adjacent property to the north will
be considered by Council at the same meeting as this report.
Additional lands are required for the construction of Victory Avenue
Additional
lands will be required for the construction of Victory
Avenue. A condition of draft approval is included
in Appendix ‘A’ which will ensure that adequate lands are conveyed to the Town
from this development. In addition, a temporary cul-de-sac is required at the
west end of Victory Avenue.
The right-of-way for Victory Avenue
will require a minimum 17.0 metre width or wider.
Proposed development requires servicing allocation
The emerging
Landowners Group has been assigned 310 units of servicing allocation by Council
in 2006 for a projected population of 735. A previous allocation was identified
for this site representing a population equivalent to 109 apartment units. Based
on the Secondary Plan policies, a total of 118 apartment units can be permitted
on Block 1 (1.23 hectares). An additional allocation would need to be granted
to service the remaining nine (9) apartment units on Block 1 and the proposed
12 townhouse units on Block 3.
Staff are
suggesting that finalizing servicing allocation be deferred to the site plan
approval stage. As noted previously, the proposed unit count on Block 1 will
have to be reduced to ensure conformity with the Secondary Plan and zoning, and
the final configuration of Block 3 which would accommodate the townhouses has
not been determined. In the interim, the Owner must enter into a No Presale
Agreement with the Town, committing not to enter into any agreements of
purchase and sale with anyone, until the proposal has been revised, site plan
approval is issued and full servicing allocation has been granted by Council.
Traffic Impact Study 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 identified servicing allocation for 305 units provided the Group
delivered
the following
infrastructure improvements being implemented within Milliken
Main Street area:
a)
Extension of Midland Avenue
from Steeles Avenue to Old
Kennedy Road (Environment Assessment being
prepared)
b)
Completion of Gorvette Drive
from Old Kennedy Road to Kennedy
Road
c)
Completion of Street ‘A’ from Victory
Avenue to Gorvette Drive
d)
Completion of Aldergrove Drive
west of Kennedy Road
(secured through draft approval).
The Group has
indicated that they will not be able to deliver Gorvette
Drive and Street ‘A’ in its entirety at this time.
Instead, they are proposing to construct Victory
Avenue from Old Kennedy
Road to Street ‘A’. Street ‘A’ is now proposed to
extend northwards through the subject lands and terminate in a temporary
cul-de-sac (Figure 5) on one of the properties to the north. 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 32 units proposed for the property to the north at 272
Old Kennedy Road (Flato Development Inc.), and the
118 apartment units and 12 townhouse units proposed on the subject lands. This
is a condition of draft approval (Appendix ‘A’).
The
reconstruction of Victory Avenue
will also be a condition of approval, and any required road widenings will be
reflected in the draft plan. The applicant is required to provide a temporary
cul-de-sac at the west end of Victory Avenue.
Additional
access routes, permanent or temporary may be required for proper circulation
throughout the proposed subdivision. A condition of draft approval (Appendix
‘A’) will ensure that any additional access routes or temporary turning circles
are provided.
Area Specific Development Charge By-law being prepared for Milliken Main Street
An area
specific development charge by-law reflecting proposed infrastructure and
streetscape improvements for the entire Milliken Main
Street 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 pan approval (Appendix ‘A’).
Applicant required to be a 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 final draft plan approval
to assess the potential noise impacts from traffic levels from Kennedy
Road and the GO Transit rail line, including the
future grade separation, located to the west of this proposal. The conditions
of draft plan approval (Appendix ‘A’) require the Owner to implement any noise and
vibration 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. The plan will have to be changed
to create blocks for noise berms if they are recommended by the Noise and
Vibration Study.
Environmental site assessment required
The Main Street
Milliken 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 a Record of Site Conditions will be filed by the Owner’s
environmental consultant for all of the lands within this plan (Appendix ‘A’).
Tree inventory and preservation plan is required
There are existing trees and
natural vegetation on the subject lands. A tree inventory and preservation plan
will be required prior to final draft approval. This is a condition of draft
plan approval (Appendix ‘A’).
Site plan application is required
All lands
within the Main Street Milliken Secondary Plan area are subject to site plan
control. A site plan application will be required for the proposed development
to ensure appropriate street relationships and interfacing with the proposed
development to the north, the park, and the school. Additional servicing allocation for this
development will be addressed through the site plan process.