Report to: Development Services Committee Report Date: February 3, 2009

SUBJECT: Preliminary Report

Angus Glen Village Ltd. - West Village (Phase 2)

Zoning By-law Amendment and Draft Plan of Subdivision 19TM-030004 to permit 164 single detached lots, preservation of two heritage houses, a multiple residential block, parks, valleylands and stormwater management pond on the south side of Major Mackenzie Drive, west of Kennedy Road.

File Nos: SU.03-109045 001 and ZA.08-120708

PREPARED BY: Teema Kanji, Senior Planner - West Development District

RECOMMENDATION:

That the report dated February 3, 2009, entitled “Preliminary Report: Angus Glen Village Ltd. - West Village (Phase 2) Zoning By-law Amendment and Draft Plan of Subdivision 19TM-030004 to permit 164 single detached lots, preservation of two heritage houses, a multiple residential block, parks, valleylands and stormwater management pond on the south side of Major Mackenzie Drive, west of Kennedy Road.” (SU.03-109045 001 and ZA.08-120708) be received;

That a Public Meeting be held to consider the Zoning By-law Amendment and Draft Plan of Subdivision applications submitted by Angus Glen Village Ltd.;

That confirmed servicing allocation for Lots 1 to 13, 65M-4085 (Phase 1) be revoked and reassigned to Lots 85 to 97 on Draft Plan 19TM-03004 (Phase 2);

That prior to approval of Draft Plan 19TM-03004 (Phase 2):

(a) The Town shall register restrictive covenants on title for Lots 1 to 13, 65M-4085 (Phase 1), restricting the Owner from any dealings with the land without the consent of the Town Solicitor;

(b) The Chief Building Official shall confirm that Section 4(a) of the Town’s Servicing By-law 2005-104, would prevent the issuance of building permits for Lots 1 to 13, 65M-4085 (Phase 1);

(c) The Owner shall enter into No Presale Agreements with the Town of Markham and Indemnity Agreements with the Region of York for Phase 2 lands.

(d) A Holding zone provision shall be applied to Lots 1 to 13, 65M-4085 (Phase 1) restricting any use of the lands unless and until servicing allocation is re-allocated to these lots.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

The proposed draft plan of subdivision (Phase 2) consists of approximately 25.78 ha (63.70 acres) and is located south of Major Mackenzie Drive, west of Kennedy Road (Figure 1). The purpose of this report is to provide information related to submissions for draft plan approval and rezoning of Phase 2 lands within the West Village. The draft plan includes 164 single detached houses, the preservation of two heritage houses, a multiple residential block (Block 168), valleylands, park blocks and two stormwater management blocks (Figure 4). A concept plan has been prepared for Block 168, which demonstrates that the site could be developed with 131 townhouses and two apartment buildings (245 units) (Figure 6). The final design and unit count of the townhouses/apartments will be determined through a future site plan application.

The original draft plan submitted by Angus Glen for the West Village included Phase 1 and Phase 2 lands and these lands have been reviewed in a comprehensive manner. The original West Village plan (Phase 1 and 2) proposed only conventional single detached lots and two apartment blocks. A public meeting was held in June 2003. Following the public meeting, a revised plan was submitted to staff comprising a mix of conventional product, lane based townhouses, lane based singles and two apartment blocks. A second report was submitted to Development Services Committee in August 2005, and a second statutory public meeting was held on November 8, 2005, due to the extent of the proposed changes to the plan.

In June 2006, Council draft approved a portion of the lands (Phase 1) based on the availability of servicing allocation. The remainder of the lands (Phase 2) were not included as part of this draft plan approval because there was no servicing allocation at the time. In February 2008, Council identified a proposed assignment for Phase 2 of 166 units to be made available in 2011. No servicing allocation has been assigned at this time for the multiple residential block (Block 168) within Phase 2 (Figure 4).

The Owner will be required to enter into No Presale Agreements with the Town and indemnity agreements with the Region of York. There will be two separate No Presale Agreements for Phase 2 to deal with the portion of lands with conditional allocation (166 units) and the portion of lands with no allocation (Block 168). These agreements must be executed prior to draft plan approval.

The zoning by-law will also identify separate Hold provisions for the lands with conditional allocation and for the lands with no allocation (Block 168).

The applicant has indicated that they have been unable to sell 13 of their larger lot (0.333 acres) product within Phase 1 (Glenbourne Park Drive) and are requesting that servicing allocation for these lots be transferred to Phase 2 (Figure 4). The reallocation of servicing would allow the applicant to offer 13 lots within Phase 2 for sale in 2009. Staff is agreeable to this and the 13 unsold lots in Phase 1 lands will be subject to revoking of servicing allocation, hold provisions and restrictive covenants.

The proposed development complies with the Official Plan and the Angus Glen Secondary Plan. Subdivision specific studies, as noted in the report will be required prior to draft plan approval.

Staff recommend that a pubic meeting be scheduled to obtain public comment on the proposed draft plan of subdivision and zoning by-law amendment applications.

FINANCIAL CONSIDERATIONS:

Not applicable

The subject lands form part of the West Village, which in turn forms part of Block 316 of the Original Draft Approved Plan. The Region of York originally approved draft plan of subdivision 19T-95026 on May 7, 1996, with three phases of residential development comprising of 746 residential units (single detached and townhouses) and three future phases of development, which included Block 316 (West Village). The submitted applications are to deal with the final phase of development on Block 316 of Plan 19T-95026.

Original draft plan included Phase 1 and Phase 2 lands

The original draft plan submitted by Angus Glen for the West Village included Phase 1 and Phase 2 lands and these lands have been reviewed in a comprehensive manner.

That plan (Phase 1 and 2) proposed only conventional single detached lots and two apartment blocks. A public meeting was held in June 2003. Following the public meeting, a revised plan (Phase 1 and 2) was submitted to staff comprising of a mix of conventional product, lane based townhouses, lane based singles and two apartment blocks. A second report was submitted to Development Services Committee in August 2005, and a second statutory public meeting was held on November 8, 2005, due to the extent of the proposed changes to the plan.

Proposed plan of subdivision (Phase 2)

The proposed plan of subdivision was developed comprehensively with Phase 1 lands.

As part of Phase 2, the applicant is proposing to construct 164 single detached houses and retain two heritage houses, as noted above, for a total of 166 units (Figure 5). The majority of lots would have lot frontages ranging from 15.2 m to 22.8 m with the exception of eight lots abutting existing residential houses along Glenbourne Park Drive. These lots are proposed to be larger in size (0.33 acres) in keeping with the neighbourhood to the west.

The draft plan also includes a high density block (Block 168) south of Major Mackenzie Drive, adjacent to a 2.759 acre ( 1.115 ha) park and is proposed to be developed in the future with garden apartments and townhouses (Figure 4).

The plan also includes valleylands and two stormwater management blocks. The Stollery Pond (Block 172) is proposed to be dedicated to the Town as an enhancement to the plan and a stormwater management pond.

Unit Distribution
Unit Type	Frontage		No. of Units
Unit Type	Metres	Feet	No. of Units
Single detached	15.2 m	49.8 ft	59
Single detached	16.8 m	55.1 ft	31
Single detached	18.2 m	59.7 ft	57
Single detached	22.8 m	74.8 ft	10
Single detached	0.33 acres		8
Francis Stiver House (Lot 11)			1
Stiver Tenant Farmer Cottage			1
TOTAL Residential Units			166
Multiple Residential (Block 168) based on Concept Site Plan			Concept Plan proposes: Townhouses 131 Apartment units 245 TOTAL 376 units

The draft plan of subdivision is shown in Figure 4, attached to this report.

DISCUSSION:

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

The property is designated URBAN RESIDENTIAL in the Official Plan (Revised 1987) and is identified in the Angus Glen Secondary Plan as Low Density Residential, Low Density Residential – Special Control, High Density Residential, Open Space and Hazard Lands (Figure 5). The distribution of housing types and layout of roads within the draft plan of subdivision are generally consistent with the land use designation and established street pattern in the Secondary Plan (Figure 5).

The multiple residential block (Block 168) is proposed to be developed with apartments and townhouses (Figure 6). This block is designated both Low Density Residential and High Density Residential. The low density residential portion of the lands is proposed to be developed with 131 townhouses. The high density residential portion of the block may be developed with a maximum of 252 units with building heights not exceeding 8 storeys. The concept plan proposes two apartments with a total of 245 units. The final design and unit count of the proposed townhouses/apartments will be determined through a future site plan application.

The Secondary Plan permits a density between 17.0 to 37.0 units per hectare (6.9 to 14.9 units per acre) for lands designated Urban Residential – Low Density Residential and Low Density Residential – Special Control. There are 166 units proposed in Phase 2 and the concept plan for Block 168 proposes an additional 131 townhouses for a total of 297 units. This would provide a density of approximately 18.6 units per hectare (7.5 units per acre), which is within the intended net density proposed for these lands.

The Secondary Plan requires that both heritage houses be preserved within the context of the subdivision. As noted above, the Stiver House is proposed to be located to Lot 11. The Secondary Plan also stipulates that the Stiver House can only be used for the purposes of a spa or single detached dwelling. This requirement will be reflected in the zoning by-law. The location of the Stiver Tenant Farmer Cottage remains to be determined. There may be an opportunity to adjust the lot lines (Lots 17 and 18) to accommodate the cottage in situ.

Zoning By-law amendment required

The lands are currently zoned Agricultural One (A1), Rural Residential Estate (RRE), Open Space One (O1) and Commercial –Recreation (CR) under By-law 304-87, as amended (Figure 2). A zoning by-law amendment is required to implement the draft plan of subdivision.

Conditional servicing allocation available in 2011 to permit part of the proposed draft plan of subdivision

In February 2008, Council identified a proposed assignment of 166 units for Angus Glen West Village to be made available in 2011. No servicing allocation has been assigned for the multiple residential block (Block 168) at this time.

The Owner will be required to enter into No Presale Agreements with the Town and indemnity agreements with the Region of York. There will be two separate No Presale agreements for Phase 2 lands to deal with the portion of lands with conditional allocation (166 units) and the portion of lands with no allocation (Block 168). These agreements must be executed prior to draft plan approval.

The zoning by-law will also identify separate Hold provisions for the lands with conditional allocation and for lands with no allocation (Block 168).

Applicant requesting reallocation of servicing for 13 lots

The applicant has indicated that they have not been able to sell 13 large lots, which have a minimum lot area of 0.134 ha (0.333 acres) located on Glenbourne Park Drive (Phase 1 – Lots 1 to 13, 65M-4085) (Figure 4). They are requesting that servicing allocation provided for these lots be transferred to Phase 2. The reallocation of servicing would allow the applicant to offer 13 lots (Lots 85 to 97) within Phase 2 for sale in 2009. Staff are agreeable to this transfer of servicing allocation from Phase 1 to Phase 2. Allocation for these 13 lots will be available in 2011.

Typically, the Town would require the Owner to place a Hold provision on the lands from which the allocation is being transferred, enter into a No PreSale Agreement with the Town and an indemnity agreement with the Region of York in order to ensure that lots cannot be sold and building permits cannot be issued. However, because these lots are on a registered plan of subdivision, the Town must take additional measures to ensure that permits cannot be issued for these lots as follows:

Council must revoke the servicing allocation currently assigned to the 13 lots within Phase 1 and reassign it to Phase 2 (Lots 85 to 97).
Restrictive covenants must be registered on title to restrict the Owner from any dealings with the land without the consent of the Town Solicitor.
The zoning by-law must be amended to include a Hold provision restricting any use of the lands unless and until servicing allocation is re-allocated to these lots.
Chief Building Official must confirm non-compliance with Section 4(a) of the Servicing By-law 2005-104, which effectively prohibits the issuance of any building permit for residential uses.

Angus Glen West Village Servicing Allocation
	Confirmed Allocation	2011 Allocation	No Allocation
Lots 1 to 13 (Phase1)	Transferred to Phase 2	13
Lots 85 to 97 (Phase 2)	13
Lots 1 to 84 and 98 to 166 (Phase 2)		153
Block 168			X
TOTAL	13	166

Development Approval Process

As previously noted, the subject lands comprise the final phase (Phase 2) of larger draft plan of subdivision that has been partially 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 this draft plan (Phase 2) 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, execution of no pre-sales agreements and indemnity agreements, and registration of restrictive covenants (Lots 1 to 13, 65M-4085).

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.

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

Some of the anticipated benefits of the proposal include:

Opportunity for the preservation and incorporation of two heritage dwellings within the draft plan of subdivision
Dedication of the Stollery Pond to the Town
Environmental buffer adjacent to valleylands
Allow the orderly development of the Angus Glen area, in accordance with the objectives of the Angus Glen Secondary Plan

CONCERNS/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 proposal will be addressed in a final staff report to be presented to Committee at a later date.

Secondary Plan requires that the Stiver Tenant Farmer Cottage be preserved. Lots 17 & 18 should be reconfigured to accommodate the preservation of this heritage house.
Prior to draft plan approval, details and design of the noise attenuation fencing adjacent to Major Mackenzie Drive must be submitted for review. The Town is concerned with the height of the proposed noise attenuation fencing.
Detailed grading plans are required for the northeast section of the plan in order to confirm that the trees can be retained in Blocks 170, 173 and 179 and that grading and servicing will support this endeavour.
Block 169 should be identified as a buffer and not a park block.
Architectural Control Guidelines are required for this Phase. Areas of the plan which may require revision include the gateway houses (Lot 31 and Lot 158).
Municipal road access must be provided to the stormwater management pond.
Applicant must clarify purpose of easement between Lots 7 and 8 shown on the draft plan.
Sanitary sewer in Block 177 has been decommissioned and compensative planting will be required where vegetation has been removed to carry out this work.
Rounding radius must be shown for all local roads to ensure they are in compliance with the Town of Markham’s engineering standards.
Internal Functional Traffic Design Study (IFTDS), July 2007 was prepared for Phase I lands and included a portion of Phase 2 (166 units). The study did not include the proposed multiple residential block (Block 168). The applicant must provide an internal functional traffic study for the balance of the development not covered in the IFTDS of July 2007.
Applicant must identify proposed access for Block 168, to the satisfaction of the Town and the Region of York.

Road may need to be reconfigured to ensure preservation of mature tree

The Town requires a detailed tree preservation plan for Phase 2. Specifically, the areas of concern include vegetation in Blocks 173 and 179 and the retention of a large mature tree in Block 170, adjacent to the heritage house (Lot 11). The road layout of Tralee Court may need to be revised to accommodate the preservation of this tree.

Walkway system required abutting valley land system

In June 2001, Angus Glen Property Ltd. and Angus Glen Farm Ltd. executed a site plan agreement for the expansion of the golf course. As a requirement of site plan approval, Angus Glen is required to pay for, design, construct and convey or dedicate a walkway system on the south side of Major Mackenzie Drive through the West Village plan abutting the valley system. The walkway is to connect to existing walkway systems within the East Village and provide for a future connection to the lands north and south of the East and West Villages.The Owner is required to construct the walkway at the time of construction of the West Village Plan.

Further discussions with the applicant are required to determine the precise location of the walkway within the West Village (Phase 2).

Limits of development remain unchanged

The original draft plan submitted by Angus Glen included Phase 1 and Phase 2 lands, and studies were conducted for these lands in a comprehensive manner. The limits of development were established using the recommendations of the Environmental Impact Statement prepared by Gartner Lee Limited and through various on-site visits with the Owners representatives, Town staff and TRCA staff in 2005. There are no substantive changes to the plan that affect the interests of the TRCA.

Stollery Pond

The applicant is proposing to reconfigure the Stollery Pond in order to re-establish a free flowing water course which would continue across the golf course and into the Bruce Creek. The Stollery Pond is proposed to be dedicated to the Town as an enhancement to the plan and a stormwater management pond. Submission of a Slope Stability Analysis is required to confirm the stability of the embankment and channel design.

Minor Water Courses

There are three minor water courses that flow from the higher elevated land on the west side of the property to Bruce Creek. A minor water course study is required to determine the significance of these minor courses.

Studies required prior to draft approval

The following studies/plans are to be submitted and approved prior to draft approval:

Servicing Brief
Stormwater Management Report
Water Analysis Report
Internal Functional Traffic Design Study for the balance of development not covered in the IFTDS of July, 2007.
Noise Impact Study including design of noise fencing adjacent to Major Mackenzie Drive
Minor Water Course Study
Geotechnical Report
Slope Stability, Erosion Potential Analysis
Sidewalk Plan
Phasing Plan
Grading Plan
Tree Preservation Plan

FINANCIAL TEMPLATE (external link):