Report to: Development Services Committee                                  Report Date: June 16, 2009

 

SUBJECT:                          Recommendation Report

                                            Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval for 210 single detached lots

                                            10519 and 10521 Woodbine Avenue

                                            Cathedral Community

                                            EMK Construction Ltd. and Treelawn Construction Ltd.

                                            SU.06-108473 & ZA.06-108487

 

PREPARED BY:               Geoff Day, Planner – West Development Team

 

RECOMMENDATION:

1.      THAT the report dated June 16, 2009, entitled “Recommendation Report: Application     for Zoning By-law Amendment and Draft Plan of Subdivision Approval for 210 single        detached lots, 10519 and 10521 Woodbine Avenue - Cathedral Community - EMK            Construction Ltd. and Treelawn  Construction Ltd., SU.06-108473 & ZA.06-         108487” be received;

 

2.      THAT Draft Plan of Subdivision 19TM-06007 prepared by Matson, MCConnell Ltd.,     dated and revised March 17, 2008, be approved subject to conditions of draft plan          approval set out in Appendix ‘A’ to this report;

 

3.            THAT the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, attached to this report (Appendices B and C) be finalized and enacted once the No Presale agreements are executed between the owners and the Town;

 

4.            THAT servicing allocation for 120 units (403.2 pop.) be granted to plan of subdivision 19TM-06007 from the total allocation for the Cathedral Community, assigned in accordance with the May 19, 2009 report on servicing allocation;

 

5.            THAT the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-06007 (Phase I, 120 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase I lands until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will be within twelve (12) months;

 

6.            THAT the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-06007 (Phase II, 90 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase II lands until:

 

 a.     i.       York Region has advised in writing that the expected completion of the                    Southeast Collector Sewer will be within twelve (12) months;

            ii.       The Council of the Town of Markham has allocated adequate available                                water supply and sewage servicing capacity to the lands; and,

iii.            The Trustee for the Cathedral East Landowners Group Cost Sharing Agreement has assigned 90 units of conditional servicing (water and sewer) allocation to the Owner.

 

7.            THAT the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner;

 

8.            THAT the Region of York be advised of the servicing allocation for this development;

 

9.            THAT the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law;

 

10.        AND THAT the draft plan approval for plan of subdivision 19TM-06007 will lapse          after a period of three years commencing on the date of issuance of draft plan approval,        in the event that a subdivision agreement is not executed within that period;

 

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

 

EXECTUTIVE SUMMARY:

The 14.02 hectare (34.64 ac) site is located within the East Cathedral Community, on the east side of Woodbine Avenue, south of Elgin Mills Road, municipally known as 10519 and 10521 Woodbine Avenue. 

 

The proposed 210 single detached lots comply with the uses and density (17 to 37 units per hectare) provided for in the Urban Residential – Low Density and Urban Residential - Special Control designations in the Secondary Plan.  A zoning by-law amendment is required to implement the draft plan and is attached as an appendix to this report.

 

The draft plan of subdivision proposes 210 residential units in the form of single detached units.  The draft plan also includes a 0.74 hectare (1.83 acre) park block.  Conditional servicing allocation has been granted for only 120 units (403.2 population) and therefore the subdivision will be phased.  Although only 120 units of conditional servicing allocation has been assigned to this development, the entire 210 units of the draft plan of subdivision is to be draft approved at this time, subject to appropriate Hold provisions in the zoning.

 

A statutory Public Meeting was held on October 2, 2007, to consider the draft plan of subdivision and companion zoning by-law amendment applications. There were no concerns or issues raised at the meeting

 

Staff are satisfied with the configuration of the draft plan of subdivision and recommend that the plan be draft approved, subject to the conditions in Appendix ‘A’.

 

PURPOSE:

This report presents an overview and evaluation of the proposed subdivision submitted by EMK Construction Ltd. and Treelawn Construction Ltd., and recommends approval of the draft plan of subdivision and implementing zoning by-laws, subject to conditions.

 

BACKGROUND:

Area context

The subject lands are located within the East Cathedral Community, on the east side of Woodbine Avenue, south of Elgin Mills Road, municipally known as 10519 and 10521 Woodbine Avenue.  The 14.02 hectare (34.64 ac) site contains two heritage buildings that are proposed to be preserved in situ on lots 40 and 41.  To the north is the Hamlet of Victoria Square, to the south is the Woodbine Mackenzie Development Ltd. plan of subdivision, to the west, across Woodbine Avenue, is the Cathedral Town subdivision, and to the east is the Hydro Corridor and lands outside the urban boundary, zoned Agriculture.

 

Current zoning and Official Plan designation

The subject lands are designated Urban Residential in the Official Plan and Urban Residential – Low Density and Urban Residential – Special Control Area in the Cathedral Community Secondary Plan.  The proposed single detached dwellings comply with the uses and density (17 to 37 units per hectare) provided for in the Urban Residential – Low Density and Urban Residential - Special Control designations in the Secondary Plan.  The Urban Residential – Special Control designation only permits single detached dwellings of not more than 2 storeys, on lots having a minimum lot area of 0.121 hectares (0.30 acres).  Lots 1 to 16, which form the interface with the Hamlet of Victoria Square, are designated Urban Residential – Special Control and comply with the 0.121 hectare requirement (see Figure 2).  The amending by-law will incorporate minimum lot areas of 0.121 hectare (0.30 acres) and maximum building heights of 2 storeys, measured from the finished first floor, for the 16 lots.

 

The lands are currently zoned Agriculture One (A1) by By-law 304-87, as amended.  A zoning by-law amendment is required to implement the draft plan of subdivision.

 

Proposed draft plan of subdivision

The proposed draft Plan is comprised of 210 single detached lots with frontages ranging from 10.7 metres (35 feet) to larger 21.3 metre (70 foot) lots abutting the Hamlet of Victoria Square.  Roads are set out in a grid pattern with a highly visible neighbourhood park located in the centre with road frontage on three sides including Woodbine Avenue.  Two heritage dwellings are located immediately east of the park block. 

 

The applicant has agreed to the preservation of the dwellings in situ.  Elements and statistics related to the proposed subdivision are noted in Table ‘A’ below.

 

TABLE A

LOT FRONTAGE

RESIDENTIAL UNITS

HECTARES

Single Detached

21.3m (69.8 ft)

18

2.41

Single Detached

15.2 m (49.8 ft)

1

0.06

Single Detached

12.2 m (40 ft)

107

4.18

Single Detached

12.0 m (39.3 ft)

2

0.08

Single Detached

11.6 m (38 ft)

36

1.29

Single Detached

10.7 m (35.1 ft)

46

1.41

Total Units

 

210

 

Residential Reserve

 

 

0.63

Park

 

 

0.74

Daylight Triangle

 

 

0.01

6.0 metre Servicing Block

 

 

0.04

Roads

 

 

3.17

Gross Site Area

 

 

14.02

Net Site Area

 

 

9.43

Net Site Density

 

 

22.27 units per hectare

 

OPTIONS/ DISCUSSION:

Town and Regional policies allow draft plan approval in advance of servicing allocation

On November 15, 2007, the Region introduced policies allowing draft plan approval in advance of servicing allocation.  On February 12, 2008 Council of the Town of Markham adopted policies for draft plan of subdivision approval with conditional 2011 servicing allocation and/or no servicing allocation.

 

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 No Presale Agreement(s) 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 No Presale Agreements cannot be executed without Council authorization.  The recommendations contained herein will provide the Mayor and Clerk the necessary authorization to execute the No Presale Agreements.  Staff have received confirmation that the Indemnity Agreement between the Owner and the Region has been fully executed.  The attached Zoning By-law contains appropriate clauses identifying the triggers whereby the Hold provisions can be lifted (see Appendix C).   

 

Staff are satisfied with the proposed phasing strategy

Through the May 19, 2009 report entitled “Servicing Allocation Update” 120 units (403.2 population) of conditional 2011 servicing allocation were assigned to this plan of subdivision.  As allocation is only available for a portion of the Plan, this subdivision will need to be phased.  The Owner was required to provide a phasing strategy to indicate which of the 210 would proceed with the 120 units of conditional allocation.  Staff are satisfied with the proposed phasing strategy.    

 

Although only 120 units of conditional servicing allocation has been assigned to this development, as per the policies adopted by the Region on November 15, 2007 and Town of Markham Council on February 12, 2008, the entire 210 units of the draft plan of subdivision are to be approved at this time. 

 

Public Meeting held

On October 2 2007, a public meeting was held to obtain input from the public.  There were no comments or concerns from the public or the committee members at the meeting.

 

Parkland dedication

Parkland is being conveyed on the basis of 1 hectare/300 units.  In addition, the Cathedral Developers group has agreed to pay cash-in-lieu of parkland at a rate of 0.4 hectares/1000 population towards the acquisition of the woodlot at the northwest corner of the Cathedral Community.  This cash-in-lieu will be required at the time of execution of the subdivision agreement and the amount of the cash-in-lieu will be based on an appraisal to the satisfaction of the Town.

 

Heritage buildings located on the subject property

The subject property contains two heritage dwellings listed on the Markham Inventory of Heritage Buildings.  The properties have been listed on the heritage inventory since 1982.  The Edwardian dwellings are 2 ½ stories in height and are estimated to have been constructed between 1901 and 1925.

 

Heritage Markham recommended that the dwellings be preserved, designated and integrated into the draft plan of subdivision.  The applicant has agreed to the preservation of the dwellings in situ on lots 40 and 41.

 

Lots adjacent to the Hydro Corridor require special conditions

The subject lands abut the Hydro One transmission corridor that connects the Buttonville Transformer Station (T.S.) to the Armitage T.S. in Newmarket.

 

As a condition of draft approval of the plan of subdivision, the Town will require that appropriate notices and warning clauses be placed in offers of purchase and sale, and registered on title, to notify future purchasers of the proximity to the Hydro One transmission corridor and the need to exercise prudent avoidance in limiting exposure to sources of electromagnetic fields associated with the transmission of electricity.  Such notices and warning clauses would be applied to lots 16, and 101-123 and block 211 (being those lots in close proximity to the Hydro Corridor).

 

The community-wide background studies have been approved by the appropriate agencies and Town Departments

The Secondary Plan requires that the following community-wide background studies be prepared prior to any draft plan approval in the Cathedral Community:

 

·        Master servicing plan

·        Development Phasing Plan

·        Tree Conservation Plan

·        External Traffic Study 

·        Noise Study

·        Community Design Plan and Parks Master Plan

·        Cultural Heritage Resource Study 

·        Environmental and Stormwater Management Plan/EIS

 

All of the above studies have been submitted and approved by the appropriate outside agencies and Town Departments.

 

Holding provisions required in the zoning by-law

The amendment to By-law 177-96, as amended includes two Holding provisions (H1 and H2).  The (H1) provision applies to those units that have received conditional 2011 servicing allocation, whereas the (H2) provision applies to those units that will be receiving post 2012 servicing allocation.  The conditions that need to be satisfied prior to the removal of the (H1) and (H2) are different and are based on Regional servicing allocation criteria (see Appendix ‘A’).

Design matters have been addressed

Staff identified several issues regarding subdivision design relating to the unit type and built form abutting the proposed park block.  Initially, street townhouses were proposed to abut the park block and the two heritage dwellings.  Staff were concerned with the number of driveway access points and their impacts on the number of trees along two of the main entrances to the subdivision. To resolve the matter the subdivision was revised to show exclusively single detached units. 

 

Staff have required that the lots fronting onto streets ‘H’ and ‘E’ only contain single car garages and driveways to provide for a minimum of 1 boulevard tree per lot.  Upgraded rear facades will also be required on the lots abutting the existing heritage dwellings (see Figure 2).

 

Moreover, previous iterations of the draft showed significant backlotting on the park.  With the new lotting pattern proposed, Town staff are now satisfied with the plan and the highly visible location of the park block.  The submitted tree preservation plan identifies the significant trees to be preserved including those located within the park block.

 

Applicant must be a Signatory to the Cathedral East Cost Sharing Agreement

As per the Cathedral Secondary Plan, as a condition of approval of any development applications, landowners are required to enter into agreements to address the sharing of common costs of development.  As per the Cathedral East Cost Sharing Agreement dated May 25, 2002, the Owner is required to become a signatory to this agreement as a condition of Draft Plan Approval.  Correspondence by the Owner to the Trustee of the East Cathedral Developers Group indicates that a formal request has been made to achieve this requirement.  A condition of draft plan approval will address this.

 

CONCLUSION:

Staff recommend that Council endorse the draft plan of subdivision and zoning, subject to the conditions set out in this report, including the requirement that the Owner enter into No Presale Agreements with the Town agreeing not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject lands until the Regional servicing infrastructure identified in Appendix ‘A’ is confirmed by the Region to be on schedule.  Sales may occur one year in advance of the of the scheduled in service date of the infrastructure.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed applications will align with the Town’s strategic priorities of Growth Management and Municipal Services by implementing the proposed development in coordination with available servicing allocation.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been reviewed by various Town departments and external agencies.  Requirements of the Town and external agencies will be reflected in the conditions of draft plan of subdivision approval and the implementing zoning by-law amendments. 

 

 

______________________________                        ______________________

Biju Karumanchery, M.C.I.P., R.P.P.                           Jim Baird, M.C.I.P., R.P.P.     

Senior Development Manager                                       Commissioner, Development Services

 

 

ATTACHMENTS:

 

Figure 1 - Location Map          

Figure 2 - Proposed Plan of Subdivision

 

Appendix A – Conditions of Draft Plan of Subdivision

Appendix B – Draft amendments to By-law 304-87

Appendix C – Draft amendment to By-law 177- 96

 

File path: Amanda\File 06 108473\Documents\Recommendation Report

 

APPLICANT/AGENT:

 

Chris Matson

2489 Bloor Street W. - Unit 200

Toronto, ON

M6S 1R6