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

SUBJECT: INFORMATION Report

Lasseter Development Inc.

Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit a 250 townhouse development at the southwest corner of Major Mackenzie Drive and McCowan Road within the Berczy Village Secondary Plan Area

ZA 08 107108 & SU 09 115161

PREPARED BY: Teema Kanji, Senior Planner ext. 4480

West District

RECOMMENDATION:

1. That the information report dated June 16, 2009, entitled “Lasseter Developments Inc. Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit a 250 townhouse development at the southwest corner of Major Mackenzie Drive and McCowan Road within the Berczy Village Secondary Plan Area (ZA 08 107108 & SU 09 115161) be received as background to the Public Meeting scheduled for June 16, 2009.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

The 6.072 ha (15.003 acres) site is situated at the southwest corner of Major Mackenzie Drive and McCowan Road within the Berczy Village Secondary Plan Area (see Figure 1). The subject lands are relatively flat and do not contain any vegetation (see Figures 2 & 3).

Adjoining the subject property are:

To the north, across Major MacKenzie Drive are agricultural lands;
To the west, across McCowan Road are single detached houses, a gas station and a park block;
To the south are townhouse dwellings; and
To the west are valleylands with single-detached dwellings across the valley on the west side of Stonebridge Drive.

BACKGROUND:

Official Plan and Zoning

The subject lands are designated “Urban Residential” in the Official Plan and “Urban Residential – Medium Density” in the Berczy Village Secondary Plan. This designation provides for detached dwellings as well as, semi-detached dwellings, townhouses, street townhouses, stacked townhouses, apartments and other forms of multiple unit housing. As per the policies provided for in the “Urban Residential – Medium Density” designation, the net density of all development are required to be within the range of 37.1 to 79.9 units per hectare (15 to 32 units per acre). The net density of the proposed townhouse development is 67.9 units per hectare (27.5 units per acre).

The subject lands are currently zoned “Agricultural One” (A1) by By-law 304-87, as amended (Figure 2). A Zoning By-law Amendment is required to permit the proposed development.

Valleylands conveyed to the Town as part of previous application

In November 2005, the applicant received approval of a Draft Plan of Subdivision and Zoning By-law Amendment to permit 27 single detached dwellings west of the subject lands, on the west side of Stonebridge Drive (19T98020) (Figure 3). As part of this approval, the valleylands situated west of the subject lands were rezoned to Open Space One (OS1) and dedicated to the Town (Figure 3).

TRCA satisfied with proposed buffered area

The west limit of development for the subject property was established as part of previous approvals granted for the lands to the west of the valleylands. The TRCA has indicated that there is an appropriate buffered area with a wide shallow floodplain that creates a natural buffer from the tributary and, therefore, no additional buffer is required for the proposed development (Figure 3).

Original application proposed 277 common element townhouse units (condominium)

The original application proposed to develop the lands as a condominium development with 277 common element townhouse units, with one access into the development from McCowan Road (Figure 4) and an emergency access to an existing townhouse development to the south. Staff had concerns with the limited access into the site, unit sizes and built form.

Applicant is now proposing 250 freehold townhouse units (draft plan of subdivision)

Staff met with the applicant on several occasions and as a result the applicant has agreed to abandon the condominium concept and redesign the project as freehold townhouses to be created through a draft plan of subdivision. The revised plan proposes two accesses into the site (from Major Mackenzie Drive and McCowan Road) and a new road running parallel to the valleylands to reinforce and support views to the adjacent valleylands (Figure 5). There will not be direct access to the condominium development to the south; only an emergency access will be provided. The proposed townhouse units consist of 4.0 m (13.1 ft) lane based lots and 6.0 m (19.6 ft) front load lots as discussed below. The plan also includes a stormwater management block.

Unit Distribution
Unit Type	Frontage		No. of Units
	Metres	Feet
Townhouse	4.0	13.1	182
Townhouse	6.0	19.6	68
TOTAL			250

		Ha	Acres
Total Area		6.072	15.003
Roads/SWM/Buffer		2.394	5.915
Net Area		3.678	9.088
Net Density		67.9 uph (27.5 upa)

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

DISCUSSION:

Public Meeting held in June 2008

A public meeting was held on June 17, 2008 to consider the proposed zoning by-law amendment application required to implement the original proposed condominium plan. The Committee expressed concerns with the proposal only showing one access into the site and the proposed built form. A letter was also received from a resident concerned with the traffic and congestion that may be generated by the proposed townhouse development. These issues have been addressed as follows:

Additional access provided into site

The applicant has revised the plan to provide an additional access into the site. The proposal now includes two accesses into the site, a right-in/right-out access from Major Mackenzie Drive and a full moves access from McCowan Road. There will also be a connection with the townhouse condominium development to the south for emergency vehicles and this access will be blocked by knock down bollards.

Townhouse unit size revised

The applicant was originally proposing 4.0 m (lane based) and 5.5 m front load townhouse units. As requested by staff, the applicant has revised the plan and is now proposing 4.0 m lane based and 6.0 m front load townhouse units. The proposed 4.0 m townhouse units will be similar to the product constructed along Bur Oak Avenue in the Cornell Community. The proposed lot sizes are appropriate to the location and Medium Density designation on the subject lands.

Traffic Study required

The Engineering Department has advised that a Traffic Study will be required to ensure that the existing road network can accommodate the proposed development.

Servicing allocation has been assigned for proposed 277 unit townhouse development

In 2008, Council granted a proposed assignment of 277 units (781.1 population) to this development to be made available in 2011. The applicant is now proposing to develop the lands with 250 units, and therefore 27 units will be returned to the Town’s 2011 servicing allocation reserve.

The Region has identified two major infrastructure projects, Duffin Creek Water Pollution Control Plant expansion and an interim YDSS flow control structure, which are necessary to confirm the 2011 Servicing allocation. Both these projects are currently on schedule for completion by January 1, 2011. Pre-sales can proceed one year prior to infrastructure completion (January 1, 2010), while registration permitting issuance of building permits can proceed 6 month prior to the anticipated infrastructure completion date (July 1, 2010).

The Owner will be required to enter into a No Presale Agreement with the Town and indemnity agreement with the Region of York. These agreements must be executed prior to draft plan approval.

The zoning by-law will also identify a Hold provision to restrict development on the lands until servicing allocation has been confirmed by the Region.

Potential benefits of approval of the proposal:

The proposed development would provide a number of potential benefits, including:

Development of lands currently vacant, in a built form which will promote the Town’s objectives for compact urban form.
The proposed Zoning By-law Amendment would facilitate the development of a 250 unit townhouse development on the subject lands, which is consistent with the “Urban Residential – Medium Density” designation in the Berczy Village Secondary Plan.