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

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Attilio Vettese

                                            Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval (19TM-0800001) to permit a residential plan of subdivision at 7085 14th Avenue

                                            File No. ZA 08 110187 & SU 08 110200

 

PREPARED BY:               Nilesh Surti, Senior Planner, ext. 4190

                                            East District Team

 

 

RECOMMENDATION:

THAT the report dated June 17, 2008 entitled, “RECOMMENDATION REPORT, Attilio Vettese, Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval (19TM-0800001) to permit a residential plan of subdivision at 7085 14th Avenue” be received;

 

THAT the record of the Public Meeting held on May 20, 2008, regarding the applications for Zoning By-law Amendment and Draft Plan of Subdivision be received; 

 

THAT draft plan of subdivision (19TM-0800001) by Attilio Vettese located on the south side of 14th Avenue, east of Riverwalk Drive and west of the CP Railway tracks within the Box Grove Community to permit 58 townhouse units and 2 single-detached lots be draft approved subject to the conditions outlined in Appendix ‘A’;

 

THAT Zoning By-law Amendment Application (ZA 08 110187) submitted by Attilio Vettese to amend By-law 304-87, as amended, and By-law 177-76, as amended, for lands on the south side of 14th Avenue, east of Riverwalk Drive and west of the CP Railway tracks, be approved and the draft implementing zoning by-laws attached as Appendix ‘B’ be finalized and enacted;

 

THAT servicing allocation for 58 townhouse units (163.6 populations) be granted to 19TM00800001;

 

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 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 agrees to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering;

 

THAT the draft plan approval for plan of subdivision 19TM-0800001 will lapse after a period of three years commencing June 17, 2008 in the event that a subdivision agreement is not executed within that period; and

 

AND THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

EXECUTIVE SUMMARY:

Applications for draft plan of subdivision and implementing zoning by-law amendment have been submitted by Attilio Vettese for lands located on the south side of 14th Avenue, east of Riverwalk Drive and west of the CP Railway tracks, within the Box Grove Community. 

 

The proposed plan of subdivision includes 60 lots consisting of 58 townhouse lots and 2 single-detached lots.  One of the single-detached lots is intended to preserve the Abraham Koch Heritage House in its original location and the second single-detached lot will contain the other existing dwelling on the property.  Also proposed is a park block located at the southwest corner of the property adjacent to the watercourse.  An additional park block on the west side of the watercourse is also proposed, which will be combined with an existing park block to the west.  The proposed subdivision will have a density of 34 units per net hectare (13.8 units per net acre), which is within the required density range in the Box Grove Secondary Plan.  The distribution of housing types and density within the draft plan of subdivision is generally consistent with the land use designations in the Secondary Plan.

 

A public meeting has been held to obtain comments from residents in the surrounding area.  There were no written submissions or issues raised by Committee Members, area residents or other land owners at the Public Meeting. 

 

The preliminary report identified a number of issues with respect to these applications.  These matters, related to developer group participation; road dedications; submission of tree inventory and preservation plan and noise study; pedestrian connectivity with the remainder of the Box Grove Community; appropriateness of the size and confirmation of the proposed park blocks; and comments from Toronto and Region Conservation Authority have been addressed to staffs satisfaction. 

 

The approval of this draft plan of subdivision will allow the Region to acquire the lands necessary to complete the right-of-way for the construction of Donald Cousens Parkway south of Highway 407 and the associated realignment of 14th Avenue to provide for an at-grade intersection with the Donald Cousens Parkway.  It is anticipated that the construction of the Donald Cousens Parkway south of Hwy 407 will proceed in 2008/2009.

 

Staff support the draft plan approval of the subdivision submitted by Attilio Vettese and recommend that the plan, as outlined in Figure 4, be draft approved subject to the conditions of approval listed in Appendix ‘A’.  Staff also recommend that the implementing Zoning By-law Amendment contained in Appendix ‘B’, be finalized and enacted. 

1. Purpose              2. Background              3. Discussion                4. Financial    

 

5. Others (HR, Strategic, Affected Units)                  6. Attachment(s)

 

PURPOSE:

The purpose of this report is to recommend approval of the proposed draft plan subdivision (19TM-0800001) and implementing Zoning By-law Amendments to develop 58 townhouse units and 2 single-detached lots on lands located on the south side of 14th Avenue, east of Riverwalk Drive and west of the CP Railway tracks, within the Box Grove Community.

 

BACKGROUND:

Property and Area Context

The property consists of approximately 8.62 hectares (21.3 acres) of land located on the south side of 14th Avenue, east of Riverwalk Drive and west of the CP Railway tracks within the Box Grove Community (See Figure 1).  The property contains a number of existing buildings including a heritage dwelling, know as Abraham Koch House, and a single-detached residence that has no heritage value.  This residence is currently occupied by the owner.

 

Natural features include two watercourses (minor tributaries of the Rouge River) which traverse the westerly portion of the property in a north-south direction.  In addition, there are mature trees within the valley system, surrounding the existing dwellings and along 14th Avenue.   

 

To the southeast, the subject lands are bounded by the CP Railway Tracks, and across the railway tracks, is the Bob Hunter Memorial Park.   Immediately to the west is a recently approved plan of subdivision (Oxnard Boxgrove Ltd) that is still under construction.  To the north, across 14th Avenue, are two stormwater management ponds serving subdivisions in that area (See Figures 2 & 3).

 

Proposed Plan of Subdivision

The proposed plan of subdivision includes 60 lots consisting of 58 townhouse lots and 2 single-detached lots intended to contain the heritage house and the other existing dwelling on the property (See Figure 4).  In addition, the owner has reserved a block at the northeast quadrant of the property for a future development, which may accommodate approximately 100 higher density units.  The Regional Municipality of York has expressed a serious interest in purchasing this block to be used as a construction staging area for the construction of the South East Collector Sanitary Trunk Sewer.  Once the construction work for the sanitary truck sewer is completed, these lands will likely be available for future development.

 

The following table outlines the details of the housing mix for the proposed residential draft plan of subdivision:

 

Unit Types

No. of Units

 

 

Block 1 (townhouse)

7

Block 2 (townhouse)

7

Block 3 (townhouse)

7

Block 4 (townhouse)

7

Block 5 (townhouse)

6

Block 6 (townhouse)

4

Block 7 (townhouse)

4

Block 8 (townhouse

4

Block 9 (townhouse)

7

Block 10 (townhouse)

5

Block 11 (single-detached)

1

Block 12 (single-detached)

1

Total No. of Units

60

 

Almost all of the individual townhouse lots will have a frontage of 7 metres (23 ft.) with a couple of corner lots having greater frontages.  The two single detached lots are large irregular lots intended to accommodate the existing houses.  The townhouse blocks adjacent to the Donald Cousens Parkway will face the Parkway with appropriate front elevations and will have detached garages facing the street to the rear (Street “1).  These units are expected to have reduced front yard adjacent to the Parkway with a setback of approximately 1 metre in order to discourage residents from storing items such as barbeques, furniture, equipments etc. in this area.  These townhouse blocks fronting the Parkway will be subject to site plan approval and matter such as elevations and setbacks will be reviewed at that time.

 

Also proposed as part of the subdivision is a 0.435 ha (1.07 ac.) park block located at the southwest corner of the property adjacent to the watercourse.  The applicant is also proposing 0.17 ha (0.42 ac) park block on the west side of the watercourse, which will be combined with an existing park block to the west (Block 35 on Registered Plan 65M-3970).  The applicant is conveying a total of 0.437 ha (1.08 ac.) of land for park land, which satisfies parkland dedication requirements for this plan of subdivision. 

 

The approval of this draft plan of subdivision will allow the Region to acquire the lands necessary to complete the right-of-way for the construction of Donald Cousens Parkway south of Highway 407 and the associated realignment of 14th Avenue to provide for an at-grade intersection with the Donald Cousens Parkway.  It is anticipated that the construction of the Donald Cousens Parkway south of Hwy 407 will proceed in 2008/2009.

 

OPTIONS/ DISCUSSION:

Proposed plan of subdivision generally conforms to Secondary Plan

The majority of the lands comprising the draft plan are designated in the Box Grove Secondary Plan as “Community Amenity Area – Village Centre” and a small portion near the southwest area of the property is designated “Urban Residential – Low Density Housing II”.  Both these designations permit the proposed medium density built form.  The watercourse and it’s associated valley system are designated “Environmental Protection Area – Hazard Lands”.  The portions of the subject lands to be acquired to complete the construction of Donald Cousens Parkway (discussed below) are designated “Transportation and Utilities”.

 

Density of the proposed subdivision is consistent with the required density range of 17 – 37 units per net hectare (6.8 – 14.9 units per net acre) for Low Density II, and 30 – 80 units per net hectare (12.1 – 32.4 units per net acre) for Community Amenity Area – Village Centre in the Secondary Plan.  The proposed subdivision will have a density of 34 units per net hectare (13.8 units per net acre).  The distribution of housing types and density within the draft plan of subdivision is generally consistent with the land use designations in the Secondary Plan.

 

Zoning by-law amendment required

The subject lands are currently zoned Agriculture One (A1) in By-law 304-87, as amended.  Amendments are required to delete the lands from By-law 304-87 and to incorporate the subject lands within the Town’s Urban Expansion Area By-law 177-96. 

 

The proposed zoning for the plan of subdivision under By-law 177-76, as amended, will include the following:

 

  • Residential Two (R2) zone category for the single-detached lots and townhouse blocks; and
  • Open Space One (OS1) zone category for the park blocks and the watercourse and valley system, including the 10-metre buffer area.

 

The R2 zone category will contain development standards consistent with those approved for other plans of subdivision in the vicinity and is keeping with current Town standards.  The block at the northeast quadrant of the property is reserved for a future development and is not proposed to be rezoned at this time.  Zoning the block in conjunction with a future site specific development application is appropriate. 

 

A copy of the draft zoning by-laws to implement the proposed plan of subdivision is attached as Appendix ‘B’.

 

Abraham Koch Heritage House is proposed to be preserved in its original location

The Abraham Koch House, c. 1845, is listed in the Markham Register of Properties of Cultural Heritage Value or Interest.  The house is also listed as a heritage resource in the Box Grove Secondary Plan, and has been evaluated as a Group 1 heritage building. The Abraham Koch House is a two storey red brick farmhouse, and was historically associated with the Cedar Grove Mennonite community.  The house is an early example of a brick farmhouse in Markham, locally rare for its full two storey form. 

 

As indicated above, the applicant is proposing to create a single detached lot around the house, in order to preserve the heritage house in its original location.  Heritage Markham is satisfied with the size and configuration of the lot proposed for the heritage house and how it relates to the remainder of the proposed development.  The proposed lot for the heritage house will provide for sufficient access and exposure of the heritage resource.  As a condition of draft plan approval, the owner will be required to ensure that this heritage house is retained in its original location and the owner will be required to enter into a Heritage Easement Agreement with the Town.  As well, Heritage Markham has requested that the Owner submit a restoration plan for the building and provide two Markham Remembered plaques. 

 

Applicant intends to join the Box Grove Developers Group

There is an established Developers Group Agreement for the Box Grove Secondary Plan area to secure community facilities including parkland and school sites and to compensate the landowners on whose properties the community facilities are located.  Prior to the registration of the proposed draft plan of subdivision, the applicant or potential future purchaser of the property will be required to become a signatory to the Developers Group Agreement, and satisfy all obligations related to this plan, financial or otherwise, as set out in the Developers Group Agreement.  The applicant has indicated his intention to join the Group. 

 

Memorandum of Understanding is required to be executed

On August 28, 2006 staff brought forward a confidential report to General Committee which addressed Markham By-Pass (Donald Cousens Parkway) property acquisition and construction issues in the Box Grove area.  Since that time negotiations with private property owners, the Region of York and Town staff have proceeded well and appear to be moving forward to a conclusion.   

 

One of the issues raised in the report involved the applicant’s lands (the Vettese lands) and the need to acquire a portion of the lands to complete the right-of-way for the construction of the Donald Cousens Parkway (formerly Markham By-Pass Link) and the associated realignment of 14th Avenue (to provide for an at-grade intersection with Donald Cousens Parkway at the CPR Havelock Line).  Since that time the Region has indicated its interest in purchasing the block reserved for future development at the northeast quadrant of the property in order to provide for temporary and permanent easements to accommodate a construction staging area for the South East Collector. 

 

Currently staff is working with the applicant and the Region of York to finalize a Memorandum of Understanding (MOU) to address road rights-of-way dedication and easement conveyance matters as well as development and servicing allocation matters related to the property.  Prior to the issuance of draft plan approval, the owner is required to execute this document. 

 

Servicing allocation is available to permit the proposed draft plan of subdivision

In February 2008, Council confirmed appropriate servicing allocation from Markham’s 2008 reserve to the Box Grove Trustee, to be assigned to this draft plan subject to conditions that included the dedication of the road rights-of-way for the Donald Cousens Parkway and 14th Avenue realignment.

 

A stormwater management pond may be required for this development

The applicant has indicated to both the TRCA and Town staff that there are alternative innovative solutions (e.g. infiltration trenches, bioswales, etc.) to treat stormwater from this development, thereby eliminating the need for a stormwater management pond to service this area.  The Toronto and Region Conservation Authority has indicated that they are prepared to support acceptable stormwater management solutions.  The applicant is preparing a stormwater management report to address this matter.  However, in the event a stormwater management pond is needed to service this development, it will be located at the southwest corner of the property adjacent to the watercourse, thus eliminating or reducing the proposed park block. Further, if a pond is required at this location the proposed draft plan will have to be revised as necessary to accommodate the pond.  However, it is noted that preliminary comments from the TRCA indicate that a stormwater management pond may not be required.

 

A public meeting was held on May 20, 2008

On May 20, 2008 a statutory public meeting was held to obtain public input on the subject applications.  There were no written submissions or issues raised by Committee Members, area residents or other land owners at the Public Meeting. 

 

Issues identified in the preliminary staff report have been addressed to staff’s satisfaction

The applicant has resolved the concern/issues identified in the preliminary report on this application dated April 22, 2008, to the satisfaction of staff, as follows:

 

A tree inventory and preservation plan has been submitted

The preliminary report indicated the need for a tree inventory and preservation plan to determine the composition, character and health of the existing vegetation and assess opportunities for preservation in relation to the proposed development.  There are a number of mature trees located within the valley system, surrounding the existing dwellings and along 14th Avenue.  The applicant has submitted a tree inventory and preservation plan, which shows that several small trees within the limits of the proposed residential subdivision are recommended to be removed as they represent a low preservation priority.  However, all of the trees adjacent to the proposed residential lot limits within the ravine valley are to be preserved.  The trees surrounding the two dwellings will also be preserved.

 

Staff will work with the applicant to ensure that tree removal is kept to a minimum and staff will also ensure that new tree planting on the site will more than compensate for the loss of existing trees.

 

Pedestrian connectivity with the remainder of the Box Grove Community

The need to explore pedestrian connectivity with the remainder of the Box Grove Community was identified in the preliminary report.  The sidewalk along the west side of the Donald Cousens Parkway and future sidewalks along 14th Avenue will address this matter to some extent.  However, the primary opportunity for connectivity would be presented by a pedestrian bridge over the watercourse, linking the proposed development to the park block and neighbourhood to the west.  Such a link would be in keeping with the principles of the Box Grove Community Design Plan (CDP), which indicates that development is to provide for multiple connections to parks and open space.  Staff will continue to work with the applicant and the Toronto Region and Conservation Authority to determine if there is an opportunity to provide a pedestrian bridge over the watercourse from the proposed subdivision to the park block or the development to the west.  A condition with regard to this matter is included in Appendix “A”.

 

Size, configuration and accessibility of the proposed park blocks are appropriate

Also raised in the preliminary report was the appropriateness of the size, configuration and accessibility of the proposed park blocks.  The applicant is proposing a 0.435 ha (1.07 ac.) park block located at the southwest corner of the property adjacent to the watercourse.  An additional 0.17 ha (0.42 ac) park block on the west side of the watercourse is proposed to be combined with an existing park block to the west.  Staff are satisfied with the size, configuration and location of the proposed park block located at the southwest corner of the property.  This proposed parkland will provide for a play structure and passive outdoor recreational space for the residents within the vicinity.  However, as indicated above, the easterly park block may be required to accommodate a stormwater management pond to service this development.  The small park block on the west side of the watercourse, as noted above, will be combined with the existing park block and will serve the development to the west.  If a pedestrian bridge over the watercourse is constructed as discussed above then this park will also serve the proposed development.

 

Buffer block adjacent to the Donald Cousens Parkway is acceptable

Also identified in the preliminary report was an issue related to the appropriateness of the proposed 2.7 metre width for the buffer block adjacent to the Donald Cousens Parkway.  Staff are satisfied that the width of the buffer block adjacent to the Donald Cousens Parkway is sufficient to provide appropriate landscaping and is consistent with the other buffer blocks provided adjacent to the Donald Cousens Parkway in other subdivisions to the north.

 

A noise impact study as been submitted

The owner has submitted a noise impact study which identifies appropriate mitigation measures for future noise generated by road traffic on Donald Cousens Parkway and by other identified noise sources.  The consultants recommended mandatory central air conditioning and warning clauses for the units fronting onto the Donald Cousens Parkway, and provisions for adding central air conditioning and warning clauses for the interior lots.  As the study does not indicate the need for extensive noise fences (the townhouse blocks themselves function as a noise barrier for the outdoor amenity spaces to the west), attenuation measures are no expected to have any significant impact on the proposed development.  However, this study is currently being peer reviewed and as a condition of approval, the applicant will be required to make any revisions to the draft plan that may be required to achieve the recommendations of the approved noise impact study. 

 

Comments have been received by Toronto Region and Conservation Authority

The Toronto and Region Conservation Authority has no objection to the proposed development.  The primary concern that was identified by the TRCA was that the existing residence of the owner encroaches into the Regional Storm Flood Plain and the required buffer. The Box Grove Secondary Plan does not permit the creation of new lots within a flood plain. However, the TRCA is prepared to permit the existing residence to encroach into the flood plain and the required buffer on an interim basis provided that the portion of the single-detached lot to be created for the existing dwelling within the flood plan and buffer area is zoned open space.  Appropriate warning clause will be included in the conditions of draft plan approval with regard to this house located in the flood plain.  Overall, the comments received from the TRCA have been reflected in the conditions of draft approval and in the draft zoning by-law amendment. 

 

Conclusion

Staff support the draft plan approval of the subdivision submitted by Attilio Vettese and recommend that the plan, as outlined in Figure 4, be draft approved subject to the conditions of approval listed in Appendix ‘A’.  Staff also recommend that the implementing Zoning By-law Amendments contained in Appendix ‘B’, be finalized and enacted. 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not Applicable

 

HUMAN RESOURCES CONSIDERATIONS

Not Applicable

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposal aligns with the following Town of Markham Strategic Priorities: Growth Management, Transportation and Environment. 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been circulated to various departments and external agencies, including the Toronto and Region Conservation Authority and the Regional Municipality of York.  Requirements of the Town and external agencies have been reflected in the preparation of this report and the 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 and Urban Design  Commissioner of Development Services

 

 

 

 

ATTACHMENTS:

Appendix ‘A’ – Recommended Draft Conditions

Appendix ‘B’ – Draft Zoning By-law Amendment

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo 2007

Figure 4 – Proposed Draft Plan of Subdivision

 

AGENT:

Ms. Tanya M. Roman

Anison Management Inc.

20 Valleywood Drive

Markham ON  L3R 6G1

Tel: 905-474-2514; Fax: 905-474-2517

 

File Path:  Q:\Development\Planning\APPL\SUBDIV\08 110200 (Attilio Vettese)\Recommendation Report.doc