Report to: Development Services Committee Report Date: May 20, 2008

SUBJECT: Preliminary Report

Lasseter Development Inc.

Applications for Zoning By-law Amendment and Draft Plan of Condominium Approval to permit a 277 unit townhouse development at the southwest corner of Major Mackenzie Drive and McCowan Road within the Berczy Village Secondary Plan Area

ZA 08 107108 & CU 08 107106

PREPARED BY: Sabrina Bordone, Planner – West Development District

RECOMMENDATION:

That a public meeting be held to consider the applications submitted by Lasseter Development Inc. for Zoning By-law Amendment and Draft Plan of Condominium Approval to permit a 277 unit townhouse development at the southwest corner of Major Mackenzie Drive and McCowan Road within the Berczy Village Secondary Plan Area, ZA 08 107108 & CU 08 107106.

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 applications submitted by Lasseter Development Inc. to permit a 277 unit townhouse development and to recommend that a Public Meeting be held to consider the applications.

Property and Area Context

The 5.86 ha (14.4 ac) site is situated at the southwest corner of Major Mackenzie Drive and McCowan Road within the Berczy Village Secondary Plan Area (see Figure 1). The subject lands are relatively flat and do not contain any vegetation (see Figures 2 & 3).

Adjoining the subject property are:

• To the north, across Major MacKenzie Drive, agricultural lands;
• To the west, across McCowan Road, a gas station, a park block and single-detached dwellings;
• To the south are townhouse dwellings;
• To the west are valleylands and single-detached dwellings on the west side of Stonebridge Drive.

BACKGROUND:

Official Plan and Zoning

The subject lands are designated “Urban Residential” in the Official Plan and “Urban Residential – Medium Density” in the Berczy Village Secondary Plan. This designation provides for detached, semi-detached, linked, duplex, triplex, fourplex, townhouses, street townhouses, stacked townhouses, apartments and other forms of multiple unit housing. As per the policies provided for in the “Urban Residential – Medium Density” designation, the net density of all development shall be within the range of 37.1 to 79.9 units per hectare (15 to 32 units per acre). The net density of the proposed townhouse development is 67.3 units per hectare (27.2 units per acre).

The subject lands are currently zoned “Agricultural One” (A1) by By-law 304-87, as amended. A Zoning By-law Amendment is required to permit the proposed development.

Application for second phase of development

In November 2005, the applicant received approval of a Draft Plan of Subdivision and Zoning By-law Amendment to permit 27 single detached dwellings west of the subject lands, on the west side of Stonebridge Drive (19T98020). The valleyland situated west of the subject lands were incorporated as part of the approval of this Draft Plan and have been rezoned to an Open Space One (OS1) designation and dedicated into public ownership. At the time of Draft Plan approval, the applicant had advised of his intention to develop the subject lands (medium density residential block) in a future phase of development.

Zoning By-law Amendment is required to facilitate proposed 277 unit townhouse development

The applicant is proposing to rezone the subject lands in order to permit the development of eleven townhouse blocks including a total of 277 common element freehold townhouse units (see Figure 4). Block 12 (private roads) forms the common use areas for the proposed development. An application for condominium approval has also been filed with the Town (CU 08 107106). Staff have requested a site plan approval application for the proposed development, which has yet to be filed. A single access to the proposed development will be provided off McCowan Road, south of Major MacKenzie Drive.

Toronto & Region Conservation Authority requires revised plans delineating 10m buffer from Top of Bank of the valleyland

The subject lands are partially located within a regulated area of the Toronto and Region Conservation Authority (TRCA). As a result, the applications have been circulated to the TRCA for their consideration. In their comments to staff, the TRCA states that a permit was issued for the previous subdivision application for grading and SWM pond development within the regulated area and that clearance was also given to all TRCA conditions in the subdivision agreement for 19T98020. However, they also state that although the Limit of Development had been established through the subdivision agreement, it appears that there is not an appropriate buffer for the proposed development and it has not been delineated on any plans. The applicant has been advised of these concerns and has been asked to provide revised plans to the TRCA showing an appropriate buffer separating all roads, sidewalks and homes from the Top of Bank of the valleyland. Staff from the TRCA have advised that they consider the applications to be premature until a revised submission has been received.

Servicing allocation has been assigned for proposed 277 unit townhouse development

Council assigned 277 townhouse units (781.1 population) to this development in February 2008, which corresponds to what is being proposed by the applicant. This allocation will be made available by the Region on January 1, 2011. To ensure construction and operation of the required Regional infrastructure coincides with occupancy of development receiving this 2011 assignment, the Region has established triggers related to the timing of the release of lands for development relative to the infrastructure construction and delivery. A Regional report on Servicing Protocol, adopted by Regional Council on June 21, 2007 outlined proposed triggers for the site plan approval process, following consultation with local municipalities and the industry. However, the servicing allocation report subsequently approved by Regional Council in November 2007 did not recommend a trigger system for the site plan approval process.

Staff will work with the Region and recommend that the following requirements be met prior to a final Recommendation Report being brought forward:

• The owner must enter into an agreement with the Town of Markham not to pre-sell any of the units;
• The owner must enter into an Indemnity agreement with the Region;
• Both of these agreements must be executed prior to Council enactment of the Zoning By-law Amendment, and copies of the executed agreements must be attached to the recommendation reports;
• The proposal must be subject to hold provisions in the Zoning By-law (generally, hold provisions will not be lifted until allocation has been confirmed by the Region)

Applicant to work with staff in incorporating appropriate sustainability measures

In accordance with the recommendations of the March 18, 2008 “Sustainable Development Standards and Guidelines” report to DSC, Council has adopted, as an interim measure to remain in place until completion of the Sustainable Development Standards and Guidelines Study, LEED Silver as the minimum standard for all new medium and high density residential developments and Energy Star standards for low density residential. The applicant has been advised of this, and will work with staff in incorporating appropriate sustainability measures.

Potential benefits of approval of the proposal:

The proposed development would provide a number of potential benefits, including:

• Intensification of lands that are currently vacant, which will promote the Town’s objectives for compact urban form.
• The proposed Zoning By-law Amendment would facilitate the development of a 277 unit townhouse development on the subject lands, which is consistent with the “Urban Residential – Medium Density” designation in the Berczy Village Secondary Plan.

OPTIONS/ DISCUSSION:

The following is a brief summary of currently identified matters that need further resolution. 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:

• Revised plans must ensure appropriate (10 metre) buffer us provided from Top of Bank;
• Parkland dedication requirements for the proposed development to be confirmed;
• Interface with the existing townhouse development to the south of subject lands must be evaluated;
• Reverse lotting will be strongly discouraged along the Major MacKenzie Drive and McCowan Road frontages;
• Further refinements to the proposed development concept plan are required to address a variety of issues, including but not limited to: variety of built form and massing, variety of housing form, location of driveways and garages, visitor parking, outdoor amenity space, road pattern and block configuration, traffic/site circulation and public access to the valleyland;
• Staff will work with the applicant to ensure that appropriate sustainability measures are incorporated in the proposed development;

• Submission of a site plan approval application, which has been requested by staff (site plan approval for the proposed development must precede draft plan of condominium approval);
• Comments from the Region of York (Transportation & Works Department) are still outstanding;

• Submission of a servicing study, which addresses provision and/or extension of sanitary sewer, storm sewer, watermain services and stormwater management facility in conjunction with the Markham Trails Subdivision; and,
• Submission of a traffic study to address the issues of trips generated by the proposed land use change.

FINANCIAL TEMPLATE (external link):

Not applicable at this time.

ENVIRONMENTAL CONSIDERATIONS:

The applications have been circulated to the Toronto and Region Conservation Authority. Their concerns are noted in this report and will be addressed in a final report, if necessary.

ACCESSIBILITY CONSIDERATIONS:

Not applicable at this time.

ENGAGE 21^ST CONSIDERATIONS:

The proposed Zoning By-law Amendment and Draft Plan of Condominium Approval supports a key goal set out in the “Engage 21^st Century Markham” with respect to Managed Growth. The proposed townhouse development will complete the urban fabric of a key parcel in the Berczy Village community.

BUSINESS UNITS CONSULTED AND AFFECTED:

All Town departments and external agencies have been circulated with respect to these applications and all comments will be addressed in a final report if necessary.

RECOMMENDED

BY: ________________________ ________________________

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:

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo

Figure 4 – Draft Plan of Condominium

APPLICANT/AGENT:

Mr. Billy Tung

KLM Planning Partners Inc.

64 Jardin Drive, Unit 1B

Concord, ON L4K 3P3

Tel: (905) 669-5571

Fax: (905) 669-0097

File path: Amanda\File 08 107108\Documents\Recommendation Report