Report to: Development Services Committee Report Date: November 4, 2008

SUBJECT: PRELIMINARY REPORT

1473092 Ontario Limited (Metrus Developments)

Applications for a proposed Plan of Subdivision (Phase 3 –19TM-01015) and implementing zoning by-law amendment in the Upper Cornell Community

File SU 01-118320 (Phase 3-19TM-01015) and ZA 08-123717

PREPARED BY: Doris Cheng, Senior Planner – East District, ext. 2331

RECOMMENDATION:

That the report dated November 4, 2008 entitled “Preliminary Report, 1473092 Ontario Limited (Metrus Developments), Applications for a proposed Plan of Subdivision (Phase 3 – 19TM-01015) and implementing zoning by-law amendment in the Upper Cornell Community” be received;

That Staff be authorized to schedule a statutory Public Meeting Public Meeting to consider the applications for plan of subdivision and zoning by-law amendment;

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)

The purpose of this report is to provide preliminary information regarding applications for draft plan of subdivision approval and implementing zoning by-law amendments within the Upper Cornell community. The report also seeks authorization to hold a statutory public meeting with respect to the proposed applications.

BACKGROUND:

Complete Application Date

The applications by 1473092 Ontario Limited (Metrus Developments) were received August 12, 2008. The applications were deemed complete on September 8, 2008.

Property and Area Context

There are two parcels of land subject to this application, with a total area of 17.19 hectares (42.48 acres). The first parcel (Area 1 on Figure 4) is approximately 3.84 hectares (9.48 acres) in area and is located at the south east corner of Donald Cousens Parkway and 9^th Line. The second parcel (Area 2 on Figure 4) is approximately 13.35 hectares (32.998 acres) in area and extends from Donald Cousens Parkway to 16^th Avenue, northeast of Bur Oak Avenue. Currently, the lands are vacant and have been cleared and graded as part of the earlier phases of draft approved plan of subdivision 19TM-01015. The two land parcels are separated by Country Glen Road and a stormwater management pond. The surrounding context is as follows:

To the north, across Donald Cousens Parkway, is Rouge Park and existing agricultural lands.
To the south are existing Cornell residential developments.
To the east are vacant lands designated for future residential and Cornell North Community Amenity Area.
To the west across 9^th Line is an existing Heritage Building used as a daycare centre, residential sales trailers, and the existing Greensborough Community, consisting primarily of low density residential homes.

The Proposal

The proposal is for draft plan approval and implementing zoning to accommodate a total of 47 townhouse units, 188 semi-detached units, and 190 single detached, grade-related dwellings in two separate areas as follows:

Area 1

· 47 townhouse dwellings on 9 Blocks, each with a minimum lot frontage of 6.0 metres, fronting onto Donald Cousens Parkway and 9^th Line, with rear lane access.

· 16 semi-detached dwellings, each dwelling with a minimum lot frontage of 7.2 metres, fronting onto an internal road.

· 35 single-detached dwellings with minimum lot frontages of 9.0 metres, fronting on internal streets.

Area 2

· 172 semi-detached dwellings, with each dwelling having a minimum lot frontage of 7.2 metres, and frontage onto Donald Cousens Parkway and an internal road, with rear lane access.

· 155 single-detached dwellings with minimum lot frontages of 9.0 metres, fronting on internal streets wit rear lane access.

All of the lots are designed as a lane based product, typical of the Cornell Community. The draft plan includes Blocks 293-301 as buffers, consistent with the Phase 1. These blocks are used for snow storage areas, visitor parking, and mailbox locations. The plan also identifies Block 298 which provides for the continuation of the 9^th Line Golden Jubilee Greenway.

OPTIONS/ DISCUSSION:

Official Plan and Zoning By-law

The Cornell Secondary Plan designates the lands as Residential Neighbourhood, which provides for the residential development.

The lands are currently zoned Agricultural One (A1) under By-law 304-87, as amended. The applicant is proposing to remove the lands from By-law 304-87 and add them to By-law 177-96 as amended, to implement the proposed plan of subdivision.

Draft Plan of Subdivision Design

The zoning application for the proposed draft plan of subdivision will be consistent with the long term vision for the site and provide development standards which are consistent with the Cornell Secondary Plan. The proposed subdivision is generally in keeping with the architectural design guidelines, the open space master plan, and the public realm guidelines, and will provide a visually compatible development with the rest of the Cornell Community. Urban Design Staff will provide more detailed comments upon completion of their review.

Town policies now allow draft plan approval in advance of servicing allocation.

On February 12, 2008 Council adopted policies for draft plan of subdivision approval with conditional 2011 servicing allocation and/or no servicing allocation, and granted conditional 2011 allocation for 2,978 units (10,185 population) across the Town. The Cornell Landowners Group received conditional 2011 allocation for 418 units (1,332 population). The Trustee for the Cornell Landowners Group has yet to distribute the conditional 2011 allocation amongst the Cornell Developers. In addition, for the funding of the 9^th Line storm sewer additional allocation was granted to the Cornell Landowners Group and Metrus’ share of that allocation is 20 units for 2008 and an additional 10 units for 2011. Where Metrus intends to use their share of allocation remains to be determined.

The following are the requirements for approval of draft plans of subdivisions with conditional servicing allocation and/or no servicing allocation:

the owner must enter into an agreement with the Town of Markham not to pre-sell units within the draft plan until a specified date (one year prior to the required Regional servicing infrastructure being available);
the owner must enter into an indemnity agreement with the Region. The intent of the indemnity agreement is to protect the Region from possible lawsuits if the servicing infrastructure is not delivered in the anticipated timeframe;
both of the above-noted agreements must be executed prior to draft plan approval;
the draft plan must be subject to hold provisions in the zoning by-law which are not to be removed until servicing allocation is confirmed by the Region.

The portion of the draft plan with confirmed servicing allocation would be released for registration after hold provisions are removed.

Potential Benefits of the Proposal

The proposed draft plan of subdivision will provide a range of grade-related housing types and will complete the Upper Cornell development adjacent to the applicant’s Phase 1 and Phase 2 area.

Concerns and issues to be resolved

The following is a brief summary of concerns/issues raised to date. These matters, and any others identified through the circulation and detailed review of the proposed development will be addressed in a final staff report to be presented to Committee, if required, at a later date. Concerns and issues identified to date include:

Engineering has identified potential concerns related to road and lane configurations. These will have to be addressed prior to draft plan approval.

As previously noted, the subject lands comprise the third phase of a larger draft plan of subdivision that has been partially draft approved, zoned and registered based on the availability of servicing allocation. In accordance with the amendment to the delegation by-law adopted by Council on June 27, 2006, and the servicing allocation update report dated February 5, 2008, Phase 3 of this draft plan may be dealt with as follows:

Following the Public Meeting, staff will complete their review of the applications.

If Council supports the proposal, an implementing zoning by-law amendment will be forwarded to Council for approval, with a Holding provision, to be removed once servicing allocation is confirmed.
Draft approval of the plan of subdivision will be issued by the Director of Planning and Urban Design, following Council enactment of the implementing zoning by-law amendments and execution of a no pre-sales agreement and indemnity agreement.

However, if significant issues are identified at the Public Meeting or through subsequent staff review, a recommendation report will be brought forward to Development Services Committee for consideration. A report will identify the issues raised, and how they have been addressed, prior to the implementing zoning by-law(s) being forwarded to Council.

ALIGMENT WITH STRATEGIC PRIORITIES:

The proposed applications align with the Town’s strategic priorities of Growth Management and Municipal Services by implementing the proposed development in phases in coordination with available servicing allocation. This proposed plan of subdivision will complete the urban fabric of key parcels within the Cornell Community.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to various Town departments and external agencies and is currently under review. Requirements of the Town and external agencies will be reflected in the conditions of draft approval and in the final report, if required.

CONCLUSIONS:

Staff recommend that a statutory public meeting be held to consider the proposed Zoning By-law amendment and draft plan of subdivision applications.

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:

\\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\26743705057.DOC

Figure 1 – Location Map