Report to: Development Services Committee                                  Report Date: June 17, 2008

 

 

SUBJECT:                                       RECOMMENDATION REPORT

                                            1606090 Ontario Limited

                                            78 & 90 Lee Avenue

                                            Draft Plan of Subdivision (19TM-05013) and Zoning By-law amendment to permit 10 single detached dwellings on the north side of Lee Avenue, between Brimley Road and Noble Street

 

                                            File: SU 05 013073 and ZA 05 013080

 

PREPARED BY:                             Stacia Muradali, Ext. 2008

                                            Planner, Central District Team

 

 

 

RECOMMENDATION:

That the report dated June 17, 2008, entitled “1606090 Ontario Limited, 78 & 90 Lee Avenue, Draft Plan of Subdivision (19TM-05013) and Zoning By-law amendment to permit 10 single detached dwellings on the north side of Lee Avenue, between Brimley Road and Noble Street, (SU.05-013073 & ZA.05-013080)”, be received;

 

That the record of the Public Meeting held on December 6, 2005, regarding the proposed plan of subdivision and zoning by-law amendment be received;

 

That the record of the Public Meeting held on April 8, 2008, regarding the proposed plan of subdivision and zoning by-law amendment be received;

 

That draft plan of subdivision 19TM-05013 located on the north side of Lee Avenue between Brimley Road and Noble Street, municipally known as Nos. 78 & 90 Lee Avenue, proposed by 1606090 Ontario Limited be draft approved subject to the conditions outlined in Appendix ‘A’;

 

That the Zoning By-law Amendment application (ZA. 05-013080) to amend By-law 193-81, as amended, be approved as outlined in the staff report and the implementing Zoning By-law attached as Appendix ‘B’ be finalized and enacted;

 

That the Hold provision appended to the zoning be lifted from Parcels ‘A’ and ‘B’ only, as outlined in the staff report and the implementing Zoning By-law attached as Appendix ‘B’ be finalized and enacted;

 

That the applicant provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law;

 

 

 

That Council assigns servicing allocation for 8 units within the draft plan from the Town’s reserves;

 

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-05015 will lapse after a period of three years commencing June 24, 2008, 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:

78 and 90 Lee Avenue, (the “subject lands”), have a combined area of approximately 1.6 ha (4 acres).  The subject lands are located on the north side of Lee Avenue between Brimley Road and Noble Street.  The existing single detached dwelling at 78 Lee Avenue will remain while the house at 90 Lee Avenue will be demolished.  The purpose of this report is to recommend approval of the proposed site specific Zoning By-law Amendment and draft plan of subdivision by 1606090 Ontario Limited to create 10 lots intended for single detached dwellings.

 

A public meeting was held on December 5, 2005 to consider the original draft plan of subdivision of 16 new residential lots (Figure 4).  At this meeting, a number of residents spoke in opposition to the proposal because it proposed lots fronting onto Lee Avenue with smaller frontages and lot sizes than the existing lots in the area.  Council directed that a Milliken Mills Sub-committee meeting be held to consider alternative lotting options.  At the Sub-committee meeting, the community generally supported a revised draft plan which proposed 10 lots, with two lots fronting onto Lee Avenue, consistent with the revised draft plan of subdivision attached (Figure 5).

 

Given that servicing allocation was not available for the entire subdivision in 2005, the applicant obtained severance and associated minor variance applications to create two new lots and two retained parcels fronting onto Lee Avenue.  These severed lots have been removed from the proposed plan of subdivision and the Hold will be lifted from Parcels ‘A’ and ‘B’ to facilitate development on these severed parcels in advance of the subdivision (Figure 5).  This proposed development has a servicing allocation for the residual (29.6 ppu) from the Town’s reserves. Given the length of time between the public meeting and servicing allocation becoming available, a second public meeting was held on April 8, 2008.

 

It is recommended that the draft plan of subdivision (19TM-05015) be draft approved subject to conditions outlined in Appendix ‘A’ and the draft implementing Zoning By-law Amendment attached as Appendix ‘B’ be enacted.

 

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 draft plan of subdivision for 19TM-05015, submitted by 1606090 Ontario Limited and the proposed Zoning By-law amendment to create 10 residential lots to accommodate single detached dwellings on the north side of Lee Avenue between Brimley Road and Noble Street, municipally known as 78 & 90 Lee Avenue.

 

BACKGROUND:

Property and Area Context

The subject lands represent two consolidated properties with a combined area of approximately 1.6 ha (4 acres).  The lands are located on the north side of Lee Avenue between Brimley Road and Noble Street, within the Hagerman’s Corner neighbourhood and are municipally known as 78 and 90 Lee Avenue (Figure 1).  Both properties contain a single detached dwelling having direct frontage onto Lee Avenue.   The dwelling on 90 Lee Avenue will be demolished; however, the other existing dwelling on 78 Lee Avenue will be incorporated into the proposed subdivision.  The properties contain mature hedgerows and other vegetation, specifically along the east, west and north perimeters.

 

To the west and the south, across Lee Avenue are single detached dwellings.  Single detached dwellings also front onto 14th Avenue as does the Cornerstone Chinese Alliance Church to the north.  Adjoining the property to the east are two Montessori schools fronting onto Brimley Road (Figures 2 and 3).

 

OPTIONS/ DISCUSSION:

Revised plan of subdivision for 10 lots

The original draft plan of subdivision proposed to create 16 lots, four of which fronted onto Lee Avenue (Figure 4).  Local residents expressed concern with this proposal, which is discussed in greater detail below, and as a result the plan was revised to create 10 lots intended for single detached dwellings (Figure 5).   Two of the lots will have frontage on Lee Avenue and the remaining 8 lots will have access from a proposed local road which would extend from Lee Avenue and terminate in a cul-de-sac.  The existing trees (Figure 3) along the mutual property line between 78 and 90 Lee Avenue will be removed to facilitate construction of the proposed public road. The following chart illustrates the range of proposed lot frontages and lot areas. In addition, typical existing lot frontages and lot areas are included.

 

 

 

Lot Frontages

Lot Areas

Zoning By-law 193-81, as amended

30m (98ft)

0.13 ha (0.32 acre)

Lee Avenue *

22.86m to 32m (75ft to 103ft)

0.12 ha to 0.24 ha (0.3 acre to 0.6 acre)

Noble Street *

24.4m to 32.2m (80 ft to 106 ft)

0.14 ha to 0.19 ha (0.35 acre to 0.47 acre)

OMB Approved  Lot Size for the Severed Lot at 78 Lee Avenue

26.7m (87.6 ft)

0.14 ha (0.35 acre)

OMB Approved Lot Size for the Severed Lot at 90 Lee Avenue

22.26m (73 ft)

0.09 ha (0.23 acre)

Original Proposal for 14 new lots

 

  • 12 Interior Lots

 

 

  • 2 Lots fronting onto Lee Avenue

 

 

 

14.7m to 16.7m

( 48 ft to 55 ft)

 

20.8m & 24.9m (68 ft & 81ft).

 

 

0.057 ha to 0.126 ha (0.14 acre to 0.31 acre).

 

0.08 ha to 0.119 ha (0.2 acre to 0.29 acre).

 

 

 

Revised Proposal for 10 new lots

 

  • 8 Interior Lots

 

 

  • 2 Lots fronting onto Lee Avenue

 

 

16.55m to 24.38m (54ft to 80ft)

 

22m (72ft)

 

 

0.096 ha to 0.14 ha (0.23 acre to 0.35 acre)

 

0.09 ha & 0.12 ha (0.23 acre to 0.3 acre)

* Ranges of lot frontages and lot areas exclude lots that are very large and not typical of lots on the area.

 

Proposed draft plan of subdivision conforms with the Official Plan

The subject lands are designated Urban Residential in the Official Plan which provides the relotting of existing residential subdivisions through a plan of subdivision to be approved by the Town. The East Riseborough Secondary Plan (PD 2-2), a non statutory Secondary Plan which serves as a general land use policy guideline, designates the subject lands as Urban Residential (Low Density) which provides for single family detached dwellings compatible in character and type with the existing dwellings and shall have lot areas of approximately 0.133 to 0.2 hectares (0.33 to 0.5 acres).

 

Severance applications approved in 2005

Given that servicing allocation was not available for the entire subdivision at the time the applicant applied for draft plan of subdivision, the applicant decided to submit severance and associated minor variance applications to create two new lots (Parcels ‘A’ and ‘B’) and retain two parcels fronting onto Lee Avenue with reduced frontage and lot sizes (Figure 5).  This was done in order to facilitate development in the interim while the creation of the remaining lots through subdivision awaited servicing allocation. The Hold on Parcels ‘A’ and ‘B’ will be lifted as part of this Zoning By-law Amendment to facilitate the development on the severed parcels. The Hold will remain on Lots 1 through 10 until the owner executes a subdivision agreement containing provisions for a tree preservation and planting plan and dedication of Street ‘A’, to the satisfaction of the Town.

 

The consent and associated minor variance applications were approved by the Committee of Adjustment on November 30, 2005.  The resultant severed lots have been removed from the plan of subdivision (Figure 5).

 

 

 

 

Ontario Municipal Board Decision

The Committee of Adjustment decisions to approve the severance applications were appealed to the Ontario Municipal Board (the “OMB”). Following the statutory public meeting and Milliken Mills Subcommittee meeting, described in more detail below, the appellants reached a settlement with the applicant. The OMB’s decision to approve the severance applications established conditions of approval which were agreeable to both the applicant and appellants, and which addressed concerns expressed by the neighbouring residents. The OMB’s decision imposed a minimum side yard setback of 4.5 metres to preserve the trees on the east side hedgerow at 90 Lee Avenue and a minimum 40 feet (12.2 metres) front yard setback for any new dwelling or structure for the lots fronting onto Lee Avenue. These development standards have been incorporated into the by-law amendment attached as Appendix ‘B’. In addition, the OMB made all new dwellings fronting onto Lee Avenue (Parcels ‘A’ and ‘B’ and Lots 1 and 10- Figure 5), subject to site plan control to ensure that the new dwellings will be sited in accordance with the established pattern of development in the neighbourhood.

 

Public Meetings were held on December 6, 2005 and April 8, 2008

On December 6, 2005, a statutory Public Meeting was held to consider the proposed draft plan of subdivision and rezoning applications to permit the original draft plan of subdivision of 16 residential lots.  At this meeting a number of residents spoke in opposition to the proposal.   The primary concerns raised by residents were the smaller frontage and size of the proposed lots fronting onto Lee Avenue in relation to existing lots in the area.  A number of Council members shared the residents’ concerns.  At that time Council directed that a Milliken Mills Subcommittee meeting be held with the applicant and the community to consider alternative lotting options.

 

A second public meeting was held on April 8, 2008 to present the revised plan of subdivision proposed by the applicant, consistent with discussions held at the subcommittee meeting.

 

Milliken Mills Subcommittee meeting held

On January 30, 2006, a Milliken Mills Subcommittee meeting was held to consider alternative lotting options with the community.  The applicant’s engineer presented alternative draft plans and alternative lotting options for lots fronting onto Lee Avenue.  The residents who attended the Milliken Mills Subcommittee meeting stated that while the revised draft plan addressed some of their issues, they continued to express concerns regarding the new lots fronting onto Lee Avenue not having adequate depth to provide for a large dwelling with a minimum front yard setback of 40 to 50 feet.  The area residents in attendance requested an opportunity to speak with their neighbours who were not in attendance.  Councillors who attended this meeting directed staff to meet with the residents and the applicant at a later date.

 

Further meeting with residents – agreement reached

On February 9, 2006, staff met with the concerned residents and the applicant.  The applicant’s engineer prepared a revised draft plan showing a total of 10 lots including two lots fronting onto Lee Avenue (consistent with the revised draft plan of subdivision attached as Figure 5). The residents indicated that they had concerns with the new lots fronting Lee Avenue not having adequate depth to provide for a large dwelling with a minimum front yard setback of 40 to 50 feet.  The zoning by-law for this area requires a minimum front yard setback of 8 metres (26.2 feet).  As a condition of severance, the applicant agreed to increase the front yard setback to 12.2 metres (40 feet) for those lots fronting onto Lee Avenue, to be in keeping with the established building setbacks in this neighbourhood. In addition, the applicant must provide a minimum 4.5 metre (14.76 feet) side yard setback for any new structure to ensure the preservation of the trees on the east side of the hedgerow at 90 Lee Avenue, as a condition of severance approval. These development standards are reflected in the draft By-law amendment attached as Appendix ‘B’.

 

Zoning By-law amendment required

The lands are currently zoned Suburban Residential Third Density (Hold) [SUR3 (H)] in By-law 193-81, as amended.  This zone category permits single family detached dwellings on lots with minimum frontage of 30 metres (98.4 feet) and minimum lot area of 0.13 hectares (0.32 acres).  The frontages for the proposed lots, including those lots fronting onto Lee Avenue which were approved by the Ontario Municipal Board, do not comply with the minimum lot frontage requirements. In addition, many of the proposed lots do not comply with the minimum lot area requirements.

 

A Zoning By-law amendment is required to introduce site-specific development standards to facilitate the proposed draft plan of subdivision and to incorporate standards associated with previous severance application approvals (B/12/05 and B/13/05). Minimum lot frontages, lot areas, front and side yard setback will be established through this by-law amendment (Appendix ‘B’). As part of this Zoning By-law Amendment, the existing Hold provision will be lifted from Parcels ‘A’ and ‘B’ (Figure 5) only to facilitate development permitted through the previous severance applications. The Hold will remain on Lots 1 through 10. The Hold will be removed when the owner executes a subdivision agreement containing provisions for a tree preservation and planting plan, and dedication of Street ‘A’, to the satisfaction of the Town.

 

The draft plan of subdivision will be generally compatible with the existing character of the area with respect to the allowable built form. The implementing by-law amendment will reinforce the existing character of the neighbourhood.

 

Servicing Allocation

On February 12, 2008, Council distributed additional servicing allocation from the Town’s reserves and identified potential servicing allocation sufficient to accommodate the remaining 8 units (29.6 ppu) within the draft plan.

 

Traffic Impact Study and Parking

The Engineering Department has determined that the proposed development will not generate a significant amount of traffic. The proposed development consists of single family detached dwellings accessed by a cul-de-sac which provides sufficient on-street parking and should not impact the residents on Lee Avenue.

 

Stormwater management and drainage issues to be resolved

The existing infrastructure on Lee Avenue was designed to accommodate large lots fronting onto Lee Avenue. In addition, the rear portion of the residential lots east of the subject properties fronting onto Noble Street have an existing drainage pattern whereby stormwater from those properties flows in a southeast direction through the subject lands and the abutting lands to the east into an existing stormwater management pond located at the northeast corner of Brimley Road and Lee Avenue. Servicing and stormwater reports have been submitted by the owner to demonstrate that the existing infrastructure has sufficient depth or capacity to service the proposed subdivision and that the existing overland drainage route will not be impacted by this proposal.

 

Tree inventory and preservation plan is required

There are trees located along the shared property line between 78 and 90 Lee Avenue, running through the centre of the proposed development. These trees (approximately 80) will be removed to accommodate the proposed public street. In addition, there is an existing hedgerow along the east property line of 90 Lee Avenue and trees located along the perimeters of both 78 and 90 Lee Avenue (Figure 3). The Ontario Municipal Board Decision, previously described in this report, identified appropriate building side yard setbacks of 4.5 metres to preserve the trees on the east side hedgerow at 90 Lee Avenue. This side yard setback has been incorporated into the by-law amendment attached as Appendix ‘B’.

 

The applicant has provided a tree inventory plan to the Town. A tree preservation plan is required to ensure the preservation of the existing hedgerow and any other trees and natural vegetation on the subject lands. The tree preservation plan will be provided once the grading plans have been finalized. A landscape and tree planting plan is required to ensure that there is adequate replanting and compensation of trees which will be removed to accommodate the proposed subdivision and Street ‘A’.

 

 

CONCLUSION

It is recommended that the proposed plan of subdivision be draft approved subject to conditions outlined in Appendix ‘A’ and proposed Zoning By-law amendment outlined in Appendix ‘B’ be approved, and the Hold be lifted from Parcels ‘A’ and ‘B’.

 

 

FINANCIAL CONSIDERATIONS TEMPLATE: (external link)

Not applicable.

 

 

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed development promotes a number of key strategic priorities by providing for efficient use of infrastructure and directing growth.

 

 

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.

 

 

 

 

 

 

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

\\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\14032472015.DOC

 

 

ATTACHMENTS:

Figure 1:     Location Map

Figure 2:     Area Context/Zoning

Figure 3:     Air Photo

Figure 4:     Original Draft Plan of Subdivision

Figure 5:     Revised Draft Plan of Subdivision

 

Appendix ‘A’- Conditions of Draft Approval

Appendix ‘B’- Proposed Zoning By-law Amendment

 

 

AGENT CONTACT INFORMATION

Attn: Tom Gunovski

1606090 Ontario Limited

78 Lee Avenue

Markham, ON, L3R 8G2

Tel: 416-729-1796

 

 

 

 

 

 

 

 

 

 APPENDIX ‘A’     

RECOMMENDED CONDITIONS OF DRAFT APPROVAL

PLAN OF SUBDIVISION 19TM-05013

1606090 Ontario Limited

1.         General

 

            1.1       Approval shall relate to a draft plan of subdivision prepared by R.G. McKibbon Limited identified as File No. G-05-09M dated 2006, and date stamped received by Development Services on Feb 21, 2007 incorporating the following redline revisions:

§         Any revisions resulting from the approved noise study

§         Any revisions resulting from the approved servicing plan

§         Any revisions resulting from the realignment of Street ‘A’

 

1.2       This draft approval shall apply for a maximum period of three (3) years from date of issuance by the Town, and shall accordingly lapse on June 24, 2011 unless extended by the Town upon application by the Owner.

 

            1.3       The Owner shall enter into a subdivision agreement with the Town agreeing to satisfy all conditions of the Town and Agencies, financial and otherwise, prior to final approval.

 

            1.4       The Owner acknowledges and understands that prior to final approval of this draft plan of subdivision, amendment to Zoning By-law 193-81, as amended, to implement the plan shall have come into effect in accordance with the provisions of the Planning Act.  

 

            1.5       The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, (Commissioner of Development Services) to implement or integrate any recommendations resulting from studies required as a condition of draft approval, including but not limited to, Traffic Impact Study, Stormwater Management Study (Environmental Master Drainage Plan), Internal Servicing Study, Noise Impact Study, confirmation of alignment of roads with the locations shown in the draft approved plans, as well as any comments and conditions received from municipal departments and external agencies after draft approval is granted.

 

2.         Roads

 

            2.1       The road allowances within the draft plan shall be named to the satisfaction of the Town and the Region of York.

 

            2.2       The road allowances within the draft plan shall be dedicated as public highway, free of all costs and encumbrances.

 

            2.3       The Owner shall covenant and agree in the subdivision agreement that the public highways shall be designed and constructed in accordance with established municipal standards to the satisfaction of the Town (Commissioner of Development Services).

 

2.4       The Owner shall convey a 0.3m reserve at the end of Street ‘A’ to the Town, free of all costs and encumbrances, upon registration of the plan of subdivision.

 

2.5       The Owner shall covenant and agree in the subdivision agreement to provide temporary turning circles if required at their cost and remove them and restore the streets to their normal condition at their cost when required by the Town, to the satisfaction of the Town (Commissioner of Development Services). The design of the temporary turning circles, and any implications on surrounding land use, shall be addressed in the subdivision agreement to the satisfaction of the Town. The Owner shall also covenant and agree in the subdivision agreement to provide easements, as may be required, at no cost to the Town.

 

2.6       The Owner covenants and agrees to implement any traffic calming measures, prior to assumption of the plan of subdivision, if it is determined by the Town that traffic calming measures are required.

 

 

 

3.         Noise Study

 

3.1              Prior to final approval of the draft plan, the Owner shall submit a Noise Study, prepared by a qualified noise consultant, with recommended mitigation measures for noise generated by road traffic on 14th and by any other identified noise sources, to the satisfaction of the Town, in consultation with the Region of York. 

 

                        The Owner further agrees to make any revisions to the draft plan that may be required to achieve the recommendations of the Noise Study.  The Owner shall acknowledge and agree in the subdivision agreement that the Town will not accept noise fences over 2.0 m high, and therefore, the plan may need to be revised to allow for berming or other alternative noise solutions.

 

            3.2       The Owner shall covenant and agree in the subdivision agreement to implement noise control measures and warning clauses as recommended by the approved Noise Study, to the satisfaction of the Town (Commissioner of Development Services), in consultation with the Region of York.

 

4.         Tree Preservation and Landscaping

 

4.1              The Owner shall submit an overall tree inventory and preservation plan and planting plan, which has been prepared by a qualified Landscape Architect in good standing with the O.A.L.A., or a certified Arborist, to the satisfaction of the Commissioner of Development Services, prior to the execution of a subdivision agreement for any portion of the draft plan of subdivision.  The tree preservation plan shall be based on information taken from a registered survey plan, showing the exact location of the trees and hedgerow to be preserved, location of protective hoarding, final grading, proposed municipal services and utilities, and conceptual building envelopes and driveway locations. The tree planting plan shall be based on information showing the location and type of trees to be planted to compensate for the removal of any trees, to the satisfaction of the Town.

 

4.2              The Owner shall obtain written approval of the Town prior to the removal of any trees and hedgerow within the area of the draft plan.

 

4.3              The Owner shall submit overall Streetscape and Landscape Plans, to the satisfaction of the Commissioner of Development Services, prior to the execution of the subdivision agreement.  These plans are to be prepared by a qualified landscape architect in good standing with the O.A.L.A. and shall include the following:

 

                        a)         street tree planting for all private and all public streets abutting the Plan of subdivision including a minimum of one tree per residential lot with a maximum space of 12 metres between trees. The size, spacing and species selected shall be to the satisfaction of the Town (Commissioner of Development Services)

 

                        b)         1.8 metre high wood privacy fencing or other suitable buffer screening where residential lots abut retail/commercial areas, or other non-residential areas;

 

                        c)         noise attenuation fencing where required, wholly on residential lots;

                       

                        d)         flankage privacy fencing on flankage lots abutting roadways, wholly on residential lots;

 

                        e)        any subdivision entrance features must not be on Town property.

 

4.4              The detailed design and construction of all landscaping shall be at no cost to the Town and in accordance with the provisions of the approved landscape plans.

 

4.5               Provisions shall be made in the subdivision agreement for a letter of credit, in an amount to be determined by the Town, to ensure compliance with applicable tree preservation, fencing, streetscape buffer and other landscaping requirements.

 

4.6              The Owner shall covenant and agree in the subdivision agreement to prohibit all builders from imposing an extra charge to home purchasers for the items listed in Condition 4.3.

 

4.7              The Owner shall include in all agreements of purchase and sale the following clause:

 

                        “PURCHASERS ARE ADVISED THAT AS A CONDITION OF APPROVAL OF THE SUBDIVISION WITHIN WHICH THIS LOT IS LOCATED THE FOLLOWING ITEMS THAT HAVE BEEN DETERMINED BY THE LANDSCAPE ARCHITECT, THAT THE DEVELOPER MUST PROVIDE AND WHICH HAVE BEEN APPROVED BY THE TOWN:

 

·        STREET TREES (TREES PLANTED IN THE TOWN BOULEVARD)

·        CORNER LOT FENCING

·        REAR LOT FENCING (IF SPECIFICALLY REQUIRED BY THE TOWN)

·        TREE PLANTING IN REAR YARDS (IF SPECIFICALLY REQUIRED BY THE TOWN)

·        NOISE ATTENUATION FENCING AS IDENTIFIED IN THE NOISE IMPACT STUDY

·        FENCING OF SCHOOL AND PARK BLOCKS

·        SUBDIVISION ENTRY FEATURES AND DECORATIVE FENCING AS IDENTIFIED ON LANDSCAPE PLANS APPROVED BY THE TOWN.

 

THE DEVELOPER HAS BORNE THE COST OF THESE ITEMS AND THE HOME PURCHASER IS NOT REQUIRED TO REIMBURSE THIS EXPENSE.”

 

5.         Parks and Open Space

 

5.1              The Owner covenants and agrees to dedicate parkland and cash-in-lieu of parkland to the Town in accordance with the Town of Markham By-law 195-90 (Conveyance of Parkland By-law).  An appraisal report of the land value of the property will be required to determine the value of the cash-in-lieu value of the required dedication.  The report must be prepared by a member of the Appraisal Institute of Canada, Ontario Association and submitted to the Commissioner of Development Services.

 

6.         Urban Design/Architectural Control

 

6.1              The Owner shall agree to use the Town of Markham Generic Architectural Control Guidelines, prepared by Watchorn Architect Inc., dated June, 2001, and retain a design consultant to implement the Architectural Control Guidelines.

 

6.2              Plans submitted for model home permits for any building with the plan of subdivision shall bear an approval stamp identifying the architectural company retained for architectural control and the signature of the control architect.  The approval stamp shall certify that the floor plans, building elevations and site plan are designed in accordance with the approved Architectural Control Guidelines.

 

6.3              The Owner shall ensure that the design architect for any building within the plan of subdivision shall not also assume the role of control architect for the plan of subdivision.

 

7.         Stormwater Management

 

            7.1       Prior to final approval of the draft plan, the Owner shall submit a stormwater management study, prepared by a qualified engineer, detailing the provision of stormwater quality and quantity management facilities, hydraulic gradelines, overland flow routes, and erosion and siltation controls for the draft plan for approval by the Town. The Owner acknowledges and agrees that they will be required to construct any required stormwater management facilities and overland routes, provide any easements or lands for stormwater and overland flow purposes, and to revise the draft plan accordingly, as may ultimately be required.

 

            7.2       The Owner shall covenant and agree in the subdivision agreement to undertake the monitoring of watercourse(s) which may be affected by storm drainage from  its development, subject to consultation with, and to the satisfaction of the Town, or contribute towards the Town wide watercourse monitoring program.

 

            7.3       The Owner shall covenant and agree in the subdivision agreement to obtain approval of a Site Alteration Plan in accordance with the Town’s standards prior to proceeding with any on-site works and more particularly topsoil stripping.

 

            7.4       The Owner shall covenant and agree to undertake a two year water quality monitoring program to assess the impact of the Plan of Subdivision on the downstream receiving watercourse(s). Water quality parameters at minimum shall include: Total Suspended Solids (TSS), temperature, nitrogen, phosphorus, E.coli, organics (Chlordane, Benzo Pyrene, PCB’s) and metals (Mercury, Aluminium, Cadmium, Copper).

 

                        Prior to implementation of the monitoring program, the program shall be reviewed and approved by the Engineering Department. The Owner shall report the result of the monitoring annually to the Town. The program shall include monitoring of pre and post development conditions and provide recommendations for required mitigation measures.

 

                        Alternatively, the Owner has the option to provide the Town with cash-in-lieu of the monitoring program in the amount of $200/ha for the total land area included in the plan of subdivision. This cash-in-lieu will be used to implement a town-wide watercourse monitoring program.

 

                        Regardless of the option selected the Owner covenants and agrees, as and when required by the Director of Engineering, at the Owner’s expense, to implement the recommendations of the monitoring program to the satisfaction of the Director of Engineering.

 

8.         Municipal Services

 

            8.1       The Owner shall acknowledge and agree in the subdivision agreement that final approval of the draft plan shall be subject to adequate sanitary sewer capacity and water supply being allocated to the subdivision by the Town. Servicing allocation will be confirmed at the site plan stage.

 

            8.2       Prior to final approval of the draft plan, the Owner shall prepare, to the satisfaction of the Town (Commissioner of Development Services), a Functional Servicing Report to determine the infrastructure required for all municipal services internal to the subdivision. Any requirements resulting from this Report shall be incorporated into the draft plan and provided for in the subdivision agreement.

 

            8.3       The Owner shall covenant and agree in the subdivision agreement that they shall be required to construct, or pay for the construction of, roads, bicycle lanes, curbs, gutters, sidewalks (in accordance with the applicable Council policy), underground and above ground services, street lights, street signs, utilities, stormwater management facilities, etc., to the satisfaction of the Town (Commissioner of Development Services).

 

            8.4       Prior to final approval of the draft plan, detailed engineering drawings shall be provided by the Owner which will include, but not be limited to grading control plans, plan and profile drawings of all underground and aboveground services, general plans, drainage plans, composite utility plans, pavement marking and signage plans, stormwater management detail plans, etc. to the satisfaction of the Town (Commissioner of Development Services).

 

            8.5       The Owner shall acknowledge and agree in the subdivision agreement that building permits will not be issued for lands in any stage of development within the draft plan of subdivision until the Director of Building Services has been advised by the Fire Chief that there is an adequate water supply for firefighting operations and acceptable access for firefighting equipment is available.

 

            8.6       The Owner shall acknowledge and agree in the subdivision agreement that building permits will not be issued until the Director of Building Services has been advised by the Director of Engineering that water, sewage treatment, utilities and roads satisfactory to the Director of Engineering are available to the lands, except that building permits may be issued for model homes upon terms and conditions established by the Town (Commissioner of Development Services).

 

            8.7       The Owner shall acknowledge and agree in the subdivision agreement that, notwithstanding that the Town may approve an interim servicing connection for a portion of the lands/development within the draft plan of subdivision, no building permits will be issued for any development beyond that which can be adequately serviced by the interim connection, and that prior to issuance of further building permits a sanitary sewer on Lee Avenue and/or Street ‘A’ to service the balance the lands in the draft plan of subdivision must be constructed to the satisfaction of the Town (Commissioner of Development Service) and servicing allocation approved by Council.

 

            8.8       The Owner shall covenant and agree in the subdivision agreement to pay their proportionate share of $200 per unit for Hwy 48 flow control measures upon execution of the subdivision agreement.

 

9.         Traffic Impact Study

 

            9.1       Prior to final approval of the draft plan, the Owner covenants and agrees that a  Traffic Impact Study may be required to the satisfaction of the Town and the Region of York.  The Owner shall incorporate the requirements and criteria of the Traffic Impact Study into the draft approved plan and subdivision agreement.

                 

10.       Easements

 

            10.1     The Owner shall grant required easements to the appropriate authority for public utilities, municipal services, overland drainage purposes or turning circles, upon registration of the plan of subdivision. Any off-site easements and works necessary to connect watermains, storm and sanitary sewers to outfall trunks and stormwater management facilities shall be satisfactory to, and dedicated to the Town.

 

11.       Utilities

 

            11.1     The Owner shall covenant and agree in the subdivision agreement that hydro electric, telephone, gas and television cable services, and any other form of telecommunication services shall be constructed at no cost to the Town as underground facilities within the public road allowances or within other appropriate easements, as approved on the Composite Utility Plan, to the satisfaction of the Town (Commissioner of Development Services) and authorized agencies.

 

11.2          The Owner shall covenant and agree in the subdivision agreement to enter into any agreement or agreements required by any applicable utility companies, including Powerstream, Enbridge, telecommunications companies, etc.

 

11.3          The Owner covenants and agrees that it will permit any telephone or telecommunication service provider to locate its plant in a common trench within the proposed subdivision prior to registration provided the telephone or telecommunications services provider has executed a Municipal Access Agreement with the Town.  The Owner shall ensure that any such service provider will be permitted to install its plant so as to permit connection to individual dwelling units within the subdivision as and when each dwelling unit is constructed.

 

11.4          The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed the Owner shall advise the municipality of the arrangement made for such servicing.

 

11.5          Bell Canada requires one or more conduit(s) of sufficient size from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduit(s) from the room(s) in which the telecommunication facilities are located to the street line.

 

11.6          The Owner shall agree, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements.

 

12.       Canada Post

 

12.1     The Owners shall covenant and agree in the subdivision agreement to facilitate the construction of Canada Post facilities at locations and in manners agreeable to the Town of Markham in consultation with Canada Post, and that where such facilities are to be located within public rights-of-way they shall be approved on the Composite Utility Plan and be in accordance with the Community Design Plan.

 

12.2          The Owners shall covenant and agree in the subdivision agreement to include on all offers of purchase and sale a statement that advises prospective purchasers that mail delivery will be from a designated Community Mailbox.  The Owners will further be responsible for notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sale.

 

12.3     The Owner shall covenant and agree in the subdivision agreement to provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox location(s). This will enable Canada Post to provide mail delivery to new residents as soon as homes are occupied.

 

12.4          The Owner will provide the following for each Community Mailbox site and include these requirements on these requirements on the appropriate servicing plans:

 

·        Appropriately sized sidewalk section (concrete pad) as per municipal standards and to Canada Post specifications to place the Community Mailboxes on;

·        Any required walkway across the boulevard, as per municipal standards; and

·        Any required curb depressions for wheelchair access to Canada Post specifications.

 

            12.5     Standard Community Mailbox installations are to be done by Canada Post at locations approved by the municipality and shown on the Composite Utility Plan. Should the developer propose an enhanced Community Mailbox installation, any costs over and above the standard installation must be borne by the developer, and be subject to approval by the Town in consultation with Canada Post.

 

13.       Development Charges, Recoveries, Fees

 

13.1     The Owner covenants and agrees to provide written notice of all development charges related to the subdivision development, including payments made and any amounts owing, to all first purchasers of lands within the plan of subdivision at the time the lands are transferred to the first purchasers.

 

13.2  The Owner shall covenant and agree in the subdivision agreement to pay all recoveries for their proportionate share of previously constructed servicing/infrastructure for this area to the satisfaction of the Town (Commissioner of Development Services) for:

 

a)         External servicing costs including watermains, sanitary and stormwater sewers up-fronted by Cedarland Properties Ltd. (reference R79: Study 1A Group)

b)         Storm and road reconstruction up-fronted by Armadale Developer’s Group (reference R87).

 

            Alternately, prior to the execution of the subdivision agreement, the Owner shall provide the Town with a release letter, to the satisfaction of the Director of Engineering/ Town Solicitor from the Cedarland Properties Ltd/ the Armadale Developer’s Group that they have satisfied the group their pro-rata share of the above services.

 

14.       Environmental Site Assessment

 

14.1          The Owner shall covenant and agree in the Subdivision Agreement to

            retain a “Qualified Person” as defined by the Environmental Protection Act and its regulations, to carry out all necessary environmental testing, evaluation and remediation in accordance with this Agreement.  The Owner shall further agree that it shall not substitute the Qualified Person without the prior written consent of the Director of Engineering.

 

14.2          Prior to execution of the Agreement, the Owner shall covenant and agree in the Subdivision Agreement to provide an environmental clearance to the Town for all lands or interests in lands to be conveyed to the Town to the satisfaction of the Director of Engineering. The Town shall be satisfied that the lands are environmentally suitable for their proposed use and be certified as such by the Qualified Person” as defined in Ontario Regulation 153/04, all of which shall be in accordance with the Environmental Protection Act and its regulations.  The Qualified Person shall file a Record of Site Conditions on the Provincial Environmental Site Registry for all lands to be conveyed to the Town.

 

14.3          The Owner shall covenant and agree in the Subdivision Agreement that if, during construction of the Works, contaminated soils or materials are discovered, the Owner shall inform the Director of Engineering immediately, and undertake, at its own expense, the necessary measures to identify and remediate the contaminated soils or groundwater, all in accordance with the Environmental Protection Act and its regulations, to the satisfaction of the Director of Engineering and the Ministry of Environment.  After remediation, the Qualified Person shall file an updated Record of Site Condition on the Provincial Environmental Site Registry, in accordance with Ontario Regulation 153/04, for all lands to be conveyed to the Town.

 

14.4          The Owner shall covenant and agree in the Subdivision Agreement to assume full responsibility for the environmental condition of the Lands and agrees to indemnify and save harmless the Town, its directors, officers, Mayor, councilors, employees and agents from any and all actions, causes of action, suite, claims, demands, losses, expenses and damages whatsoever that may arise either directly or indirectly from the approval and Assumption by the Town of the Works, the construction and use of the Works or anything done or neglected to be done in connection with the use or any environmental condition on or under the Lands, including any work undertaken by or on behalf of the Town in respect of the Lands and the execution of this Agreement.

 

15.       Heritage

 

            15.1     Prior to final approval of the draft plan of subdivision or any phase thereof, the Owners shall carry out a cultural heritage resource assessment for the lands within the draft plan to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of Development Services) and the Ministry of Culture.  No demolition, grading, filling or any form of soil disturbances shall take place on the lands within the draft plan prior to the issuance of a letter from the Ministry of Culture to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements.

 

15.2          The Owner shall covenant and agree in the subdivision agreement to implement any measures recommended by the heritage resource assessment, to the satisfaction of the Town and the Ministry of Culture.

 

16.       Other Town Requirements

 

            16.1     The Owner acknowledges and agrees that firebreak lots within the draft plan shall be designated in the subdivision agreement, to the satisfaction of the Fire Chief.  The Owner shall provide a letter of credit in an amount to be determined by the Fire Chief at the subdivision agreement stage to ensure compliance with this condition.

 

            16.2     The Owner acknowledges and agrees that the adequacy and reliability of water supplies for firefighting purposes are subject to the review and approval of the Fire Chief or his designee.

 

16.3     The Owner shall covenant and agree in the subdivision agreement to include warning clauses in agreements of purchase and sale for all units with single car garages advising purchasers of the following:

 

·        the Town’s parking by-law requires a minimum of two parking spaces, one in the driveway and one in the garage

·        the Town’s zoning by-law restricts the width of the driveway to a maximum of 3.5 metres, this width does not allow two cars to park side by side

·        overnight street parking will not be permitted unless an overnight street parking permit system is implemented by the Town

 

16.4     The Owner shall covenant and agree in the subdivision agreement that construction access will be restricted to Lee Avenue.

 

16.5     In the event that the plan of subdivision is registered prior to the Release for Construction of Services, the Owner agrees prior to Registration of the plan of subdivision to post all required financial securities for delivering municipal services.

 

16.6     In the event that the plan of subdivision is registered prior to the Release for Construction of Services, the Owner agrees and acknowledges that any changes to the engineering drawings are to be acceptable by the Engineering Department who may, in their sole discretion acting reasonably, also require the consent of any subsequent Owner of the lands to the changes in the engineering drawings.

 

17.       Region of York

 

            17.1     That the Owner covenants and agrees to satisfy any requirements from the Region of York, and revise the plan accordingly if needed.

 

18.       External Clearances

 

            18.1     Prior to final approval of the draft plan of subdivision, clearance letters, containing a brief statement detailing how conditions have been met, will be required from authorized agencies as follows, where needed:

 

                        (a)  Canada Post

                        (b) The Ministry of Culture

                  (c) The Regional Municipality of York Planning Department

                  (d)  Bell Canada