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

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Box Grove Hill Developments Inc.

                                            Applications for Approval of Draft Plan of Subdivision (19TM-05018) and implementing Zoning By-law Amendment to permit a residential plan of subdivision at 6788 14th Avenue, within the Box Grove Community

 

PREPARED BY:               Nilesh Surti, Senior Planner

                                            Biju Karumanchery, Manager, East District

                                            East District Team

 

 

RECOMMENDATION:

THAT the report dated November 4, 2008 entitled, “RECOMMENDATION REPORT, Box Grove Hill Developments Inc., Applications for Approval of Draft Plan of Subdivision (19TM-05018) and implementing Zoning By-law Amendment to permit a residential plan of subdivision at 6788 14th Avenue, within the Box Grove Community” be received;

 

THAT the record of the Public Meeting held on January 24, 2006 regarding the applications for approval of Draft Plan of Subdivision and implementing Zoning By-law Amendment be received;

 

THAT the draft plan of subdivision (19TM-05018) by Box Grove Hill Developments Inc. to permit 26.5 single-detached lots on the north side of 14th Avenue, east of 9th Line within the Box Grove Community be draft approved subject to the conditions outlined in Appendix ‘A’;

 

THAT Zoning By-law Amendment application (ZA 05 023033) to amend By-laws 304-87, as amended, 194-82, as amended, and 177-96, as amended, for lands on the north side of 14th Avenue, east of 9th Line within the Box Grove Community, be approved and the implementing Zoning By-law attached as Appendix ‘B’ be finalized and enacted;

 

THAT in addition to the 22.5 units (83.3 population) of servicing allocation previously granted to this proposed development, 4 units (14.8 populations) of servicing allocation, from the allocation previously assigned to the Box Grove Trustee, be granted to Draft Plan of Subdivision 19TM-05018;

 

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-05018 will lapse after a period of three years commencing November 4, 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:

This report recommends approval of zoning and a plan of subdivision in Box Grove containing 26 single detached units and a part lot as well as a park block, an open space block and a stormwater management block.  The property consists of approximately 3.6 hectares (8.8 acres) of land located on the north side of 14th Avenue, east of 9th Line.  The proposed lot frontages for the lots fronting onto a new public road range between 14.6 metres (47.9 feet) and 17.6 metres (57.7 feet).  The frontages of proposed lots fronting onto 14th Avenue range from 12.8 metres (42 feet) to 21.7 metres (71.2 feet). 

 

At the statutory Public Meeting and at a Community Information Meeting questions were raised about lot size compatibility with existing lots on the east side of 9th Line and as to whether there is an opportunity for sanitary sewer connections from the proposed subdivision to the existing properties on the east side of 9th line, north of 14th Avenue.    The lot sizes have been increased from the original proposal.   The servicing scheme proposed by the residents was not acceptable to the Engineering Department or the developer.  The Asset Management Department is currently working with the Box Grove Ratepayers Association looking at alternative options for providing sanitary sewer connections for the existing properties within the Box Grove Hamlet.

 

Improvements to the Ninth Line Tributary, which traverses the southerly portion of the subject lands, were proposed and approved through the Environmental Master Drainage Plan (EMDP) and an Environmental Impact Study (EIS).  

 

Sufficient servicing allocation is available from previous allocations to the Box Grove area to accommodate the proposed subdivision.  Staff recommends that the proposed Plan of Subdivision (19TM-05018) be draft approved subject to conditions, that the implementing zoning be approved, and that the relevant amending by-laws be finalized and enacted. 

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 recommend approval of the proposed draft plan of subdivision (19TM-05018) and implementing Zoning By-law Amendments to permit 26.5 single-detached lots on lands located on the north side of 14th Avenue, east of 9th Line, within the Box Grove Community. 

 

 

 

 

BACKGROUND:

Property and Area Context

The property consists of approximately 3.6 hectares (8.8 acres) of land located on the north side of 14th Avenue, east of 9th Line, within the Box Grove Community (See Figure 1).  The lands are presently vacant.  Natural features include a watercourse (9th Line Tributary) which traverses the southern portion of the subject lands in an east-west direction, and a number of mature trees along 14th Avenue (See Figures 2 & 3).

 

The subject property is bounded by low density residential development along 9th Line to the west and along 14th Avenue to the south.  Further south, across 14th Avenue, are primarily low density residential uses.  Adjoining the property to the east and to the northeast are Town-owned stormwater management ponds and park lands.  Immediately to the northwest is a property fronting onto 9th Line, which contains the Tomlinson Heritage House. 

 

Proposal is for 26 single-detached lots

Since the Public Meeting detailed below, the applicant has eliminated three lots on the west side of the new public street to increase the size of lots backing onto the existing larger lots on 9th Line.  However, overall the applicant has increased the number of lots within the proposed subdivision by lotting both a block previously identified as a future development block and an area previously occupied by a stormwater management block.

 

The proposed plan of subdivision currently contains 26 single-detached lots and a part lot.  Four lots will front onto the north side of 14th Avenue, with the remaining lots fronting onto a new public road. Also proposed is a 1.09 ha (2.7 ac) park block which is to be combined with the Town-owned park lands to the east of the subdivision.  The applicant is also proposing a stormwater management block, and an open space block for the watercourse and associated buffer areas (See Figure 4).

 

The new public road extends south from the Rouge Bank Drive extension and terminates in a cul-de-sac in the southern portion of the property.  An emergency access to 9th Line is provided through an existing walkway. 

 

The proposed lot frontages for the lots fronting onto the new public road range between 14.6 metres (47.9 feet) and 17.6 metres (57.7 feet).  The proposed lots fronting onto 14th Avenue will have a lot frontage of 12.8 metres (42 feet), with the exception of one lot which will have a lot frontage of 21.7 metres (71.2 feet).  This development will have a net site density of approximately 17.3 units per hectare (7 units per acre), which is consistent with the Box Grove Secondary Plan.  The lot and density details are described in the table below.

 

 

 

 

 

 

Unit Distribution

Single Detached units

                   Frontage

No. of Units

Metres

Feet

Lots 1 through 10

14.6

47.9

10

Lot 11

17.6

57.7

1

Lot 12

16

52.5

1

Lots 13 through 22

14.1

46.3

10

Lot 23

21.7

71.2

1

Lots 24 through 26

12.8

42

3

 

 

 

 

Future units from blocks

 (1 part lot)

                                                                   

                                                                  0.5

Total                                                                                                                26.5                                   

Net Site Area                                   

1.536 ha (3.795 acres)

 

 

Permitted Net Density

Proposed Net Density

17.0 to 37.0 units per hectare       

(6.8 to 14.9 units per acre)

17.3 units per hectare

7 units per acre

 

The proposed land uses, road configuration, lot layout and net residential density of this draft plan of subdivision conforms to the Box Grove Secondary Plan. 

 

OPTIONS/ DISCUSSION:

Proposed plan of subdivision generally conforms to Secondary Plan and Community Design Plan

The majority of the lands included in the draft plan are designated in the Box Grove Secondary Plan as “Urban Residential – Low Density Housing II” and “Community Park”.  The lands near 14th Avenue are designated “Urban Residential – Low Density Housing I”, with the area of the 9th Line Tributary watercourse designated “Environmental Protection Area – Minor Tributary”.

 

The road layout and distribution of housing types within the draft plan of subdivision are generally consistent with the Low Density Housing II designation and established street pattern in the Secondary Plan and the proposed Community Design Plan.  A Community Park block, to be combined with the Town-owned park lands to the east of the subdivision, is provided on the east side of the new local road.

 

The lands along 14th Avenue, designated as Low Density Housing I, are to be subdivided into 4 new single-detached lots within the plan of subdivision.  The lands designated Environmental Protection Area – Minor Tributary are shown as stormwater management and open space blocks.

 

Zoning by-law amendment is required

The subject lands are currently zoned Rural Residential Four (RR4) in By-law 304-87, as amended and Single Family Rural Residential (RRH) in By-law 194-82, as amended (Figure 2).  Amendments are required to delete the subject lands from By-law 304-87 and By-law 194-82, and to incorporate these lands within the Town’s Urban Expansion Area By-law 177-96.  

 

The proposed zoning for the plan of subdivision under By-law 177-96, as amended, will include the following:

 

-         Residential Two (R2) zone category for the single-detached lots;

-         Open Spaces One (OS1) zone category for the park block, stormwater management block, as well as the watercourse and valley system, including the environmental buffer areas. 

 

The R2 zone category will contain development standards consistent with those approved for other plans of subdivision in the vicinity and in keeping with current Town standards.  The by-law will also provide rear yard structural setbacks from the Regional flood plain on the south side of the Ninth Line Tributary, for certain lots fronting on 14th Avenue.   

 

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

 

Public Meeting and Community Information Meeting have been held

The statutory public meeting was held on January 24, 2006 to consider the draft plan and rezoning application.  At the Public Meeting, the Development Services Committee requested that a Community Information Meeting be held with the affected residents to discuss their concerns regarding the subject proposal.  Subsequently, a Community Information meeting was held on April 4, 2007.

 

The following are the key issues raised by the residents at the Public Meeting and at the Community Information meeting, which have been addressed or will be addressed by the applicant.

 

Proposed lots are generally compatible with the existing lots in the area

A concern was raised at the public meeting by area residents who abut the subject lands that the proposed lots are too small and are not compatible with the existing larger lots along 9th Line with frontages ranging in size from approximately 20m (66ft.) to 38m (125 ft.).  The Box Grove Secondary Plan stipulates that in reviewing applications for development on lands abutting the existing community of Box Grove, the Town shall have regard for compatibility in terms of built form and character and that the Town will ensure that impacts related to overshadowing, privacy and amenity, including the loss of mature vegetation, is minimized. 

 

As indicated above, the initial draft plan presented at the Public Meeting and the Community Information Meeting consisted of 22 single detached lots that directly abutted the  existing low density residential development along the west side of 9th Line with lot frontages ranging between 12.8 metres (42 feet) and 14 metres (45.9 feet).  To address the concerns of the area residents, the applicant has reduced the number of lots abutting the existing residential properties to the west by 3 lots and has increased the lot frontages to range between 14.6 metres (47.9 feet) and 17.1 metres (56.1 feet).

 

Although there are some larger lots fronting the east side of 9th Line, it is anticipated that over time some of these lots may be subdivided.  Moreover, lot size and frontage compatibility are generally more critical for lots facing the same street.  The proposed lots will only have a rear yard relationship with the lots fronting 9th Line.  In addition, with a min. depth of 33.5m (110 ft.) the proposed lots are of a sufficient depth that two storey dwellings as proposed on these lots should not have any overshadowing impacts on the existing lots on 9th Line.  Further, as evident from Figure 3 (Air photo) the subject lands were previously farmed and for the most part lack any vegetation; therefore the existing lots in the area would not be impacted by the loss of any mature vegetation as a result of the proposed development.     

 

Staff is of the opinion that the proposed lots with the revised lot frontages are compatible with the existing lots in the vicinity.

 

Provision for sanitary sewer connections to properties on the west side of 9th Line

At the community information meeting, questions were raised as to whether there is an opportunity for sanitary sewer connections to be provided from the proposed subdivision to the existing properties on the east side of 9th line, north of 14th Avenue.  This proposal was not acceptable to the Engineering Department as it called for a public sewer to be located within easements in the rear yards of a large number of private properties making long term maintenance difficult due to anticipated conflicts with future rear yard fences and vegetation.  The developer was also not in favour of encumbering a large number of proposed lots with easements.  The Asset Management Department is currently working with the Box Grove Ratepayers Association looking at comprehensive options for providing sanitary sewer connections for the existing properties within the Box Grove Hamlet, including those on the east side of 9th Line, north of 14th Avenue.

 

Treatment of Ninth Line Tributary and its buffer is acceptable

Improvements to the Ninth Line Tributary were proposed and approved through the Environmental Master Drainage Plan (EMDP) as well as an Environmental Impact Study (EIS) prepared for the Ninth Line Tributary drainage area.  These improvements include the removal of two (2) culverts and an on-line pond, which will facilitate fish passage through the tributary, and the restoration and planting of approximately 36m of the tributary.  Moreover, the hydraulic modelling during the preparation of the EMDP showed the existing buildings between the tributary and 14th Avenue to be within the Regional floodplain.  The proposed tributary improvements will help alleviate current flooding conditions.

 

The preliminary report indicated the need for appropriate environmental buffer treatment of the Ninth Line Tributary.  The proposed draft plan includes a 10 metre wide environmental buffer (Blocks 34) between the Regional Storm Flood Plain and the lots that front onto the new local road.  The plan also includes an environmental buffer block (Block 35), having a width of 10 metres at the south-eastern end and tapering to 5 metres at the south-western end, located between the Regional Storm Flood Plain and the lots that front onto 14th Avenue.  The dimensions of this buffer block have been justified by an Environmental Impact Summary to the satisfaction of the TRCA and Town staff. 

 

Pagnello Heritage House

In December of 2005, Heritage Markham decided that the former Pagnello dwelling near 14th Avenue, was not worthy of preservation and supported its demolition.   As a condition of the demolition permit, the applicant is required to erect a Markham Remembered Plaque to interpret the history of the site. 

 

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

In February 2008, Council assigned a total of 22.5 units of servicing allocation to this draft plan of subdivision.  The remaining 4 units of servicing allocation will be assigned from the allocation previously granted to the Box Grove Trustee.   

 

Conclusion

The proposed Plan of Subdivision is acceptable and Staff recommends that the plan, as outlined in Figure 4, be draft approved subject to the conditions listed in Appendix ‘A’.  Staff also recommends 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:

KLM Planning Partnership Inc.

c/o Roy Mason

64 Jardin Drive, Unit 1B

Concord ON L4K 3P3

Tel: 905-669-4055

Fax: 905-669-0097

 

File Path: Q:\Development\Planning\APPL\SUBDIV\05 023032 Box Grove (Pagnello)\Final Recommendation Report.doc