Report to: Development Services Committee Report Date: February 16, 2010

SUBJECT: Recommendation Report

Applications by Monarch Developments Corporation - Part of Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive for:

· Red-line Revisions to Phase I of Draft Plan of Subdivision 19TM-05009 (Cathedral Town South) (file #’s SU 05 011381);

· Draft Plan of Subdivision Approval and Rezoning of Phase II of plan 19TM-05009 (Cathedral Town South) (file #’s SU 05 011381 001 & ZA 08 112151);

Applications by King David Developments - Part of Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive for:

· Red-line revisions to Draft Plan of Subdivision and Rezoning to incorporate a Phase III into the area of Draft Plan Approval for plan 19TM-05009 (file # SU 05 011381 002 (Zoning File to be determined)).

PREPARED BY: Geoff Day, Planner – West Development Team ext. 3071

RECOMMENDATION:

1. THAT the report dated February 16, 2010, entitled “Recommendation Report - Applications by Monarch Developments Corporation - Part of Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive for:

· Red-line Revisions to Phase I of Draft Plan of Subdivision 19TM-05009 (Cathedral Town South) (file #’s SU 05 011381);

· Draft Plan of Subdivision Approval and Rezoning of Phase II of plan 19TM-05009 (Cathedral Town South) (file #’s SU 05 011381 001 & ZA 08 112151); and,

Applications by King David Developments - Part of Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive for:

be received;

2. THAT Redline revisions to Phase I of Draft Plan of Subdivision 19TM-05009 prepared by Design Plan Services, identified as Project Number 0238-120 dated January 28, 2010, be approved subject to conditions of draft plan approval set out in Appendix ‘A’ to this report;

3. THAT the record of the public meeting held on September 16, 2008, relating to the Phase II applications for Zoning By-law Amendment and Draft Plan of Subdivision Approval by Monarch Corporation, located on the west side of Woodbine Avenue, north of Major MacKenzie Drive, within the West Cathedral Community, be received;

4. THAT Phase II of Draft Plan of Subdivision 19TM-05009 prepared by Design Plan Services, identified as Project Number 0238-120 dated January 28, 2010, be approved subject to conditions of draft plan approval set out in Appendix ‘B’ to this report;

5. THAT the Director of Planning and Urban Design be directed to issue draft plan approval for the Phase II lands upon:

a. the applicant executing an Indemnity Agreement with the Region of York pertaining to Regional infrastructure projects and servicing allocation for Phase II of Draft Plan of Subdivision 19TM-05009; and,

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

6. That servicing allocation for 172 units be granted to Phase II of plan of subdivision 19TM-05009 and 52 units be reassigned from King David Developments to Phase III of plan of subdivision 19TM-05009 from the total allocation for the Cathedral Community, assigned in accordance with the May 19, 2009 report on servicing allocation;

7. THAT the Town reserves the right to revoke or reallocate the servicing allocation assigned to Phases II & III should the developments not proceed in a timely manner;

8. THAT the Region of York be advised of the servicing allocation for Phases II & III of these developments;

9. THAT the draft amendments to Zoning By-laws 304-87 and 177-96 for the Phase II lands, attached to this report as Appendices C and D, be finalized and enacted;

10. AND THAT a Public Meeting be held to consider the applications by King David Developments for draft plan approval and zoning By-law amendment to incorporate lands to the north (identified as Phase III) into the Phase II lands of plan of subdivision 19TM-05009 owned by Monarch Developments;

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

PURPOSE:

This report deals with a request by Monarch Developments for red-line revisions to Phase I of Draft Plan of Subdivision 19TM-05009 (required to accommodate a road realignment) and presents an overview and evaluation of the proposed Phase II subdivision application and rezoning. The report recommends approval of the revisions to Phase I of Draft Plan of Subdivision 19TM-05009 and approval of the Phase II draft plan of subdivision and zoning By-law amendment. Further, the report recommends that a public meeting be held to consider an application by King David Developments (the current owner) to add a small portion of their lands into the Phase III subdivision along the northern boundary near Old Woodbine. These lands are in the process of being acquired by Monarch Developments. The Phase I, Phase II and Phase III lands are shown on Figure 1.

BACKGROUND:

Site location and area context

The subject lands are located on the west side of Woodbine Avenue north of Major Mackenzie Drive within the West Cathedral Community (Figure 1).

Surrounding land uses include:

· To the east, on the east side of Woodbine Avenue, is the East Cathedral Community, which is designated as a low density residential neighbourhood and is currently under construction;

· To the north and south is ongoing development of the first phases of the West Cathedral Community.

· To the west is Highway 404 and the Town of Richmond Hill.

Development History

A public meeting for the full draft plan of subdivision and zoning by-law amendment was held in June 2005 (Figure 5). As servicing allocation was not available to the entire Draft Plan of Subdivision 19TM-05009, the Draft Plan was phased. The first phase of subdivision 19TM-05009, comprising the employment lands adjacent to Highway 404 and the portion of the residential lands that had been granted servicing allocation, were rezoned in June 2006 and draft plan approved in July of 2007 (Figure 5). The residential component of the Phase I Draft Plan was registered in March of 2008.

Proposed Development

Phase I – Red-line revisions to Phase I – Monarch Developments 19TM-05009

Red-line revisions are required to reflect the Region’s required realignment of Street J (Figure 9) and the possible deletion of the Highway 404 Flyover (as per Markham Council’s position).

Phase II – Draft Plan Approval and Rezoning of Phase II – Monarch Developments 19TM-05009

In March of 2008, the Owner applied for subdivision and rezoning approval for Phase II of this draft plan (Figure 7). A public meeting was held in September of 2008. Phase II initially consisted of 67 single detached dwellings, 80 street townhouse dwelling and 21 residential part blocks (total 168 units). Sufficient servicing allocation was assigned to the Cathedral Community, through the May 19, 2009 report on servicing allocation, to accommodate this Phase. Revisions to the Phase I lands, referred to above, have provided opportunities for the Owner to add an additional 4 units to the Phase II plan. The plan now consists of 69 single detached dwellings, 82 street townhouse dwelling and 21 residential part blocks (total 172 units) (Figure 7). In a letter to the Town dated November 14, 2009, the Developers Group Trustee assigned an additional 4 units of 2011 conditional allocation to the Phase II portion of this subdivision.

Phase III – Expansion of the Draft Plan to the north – King David Developments 19TM-05009 (soon to be acquired by Monarch)

On November 4, 2009, King David Developments Limited applied for and received approval to sever and convey lands to Monarch Developments. These lands are located immediately north of the northern limit of Monarch’s Phase II draft plan (Figure 8). As a condition of the severance, King David Developments Limited were required to submit applications to incorporate the severed lands into Monarch’s draft plan, delete the severed lands from Zoning By-law 304-87 and to incorporate the severed lands into By-law 177-96, under an appropriate zoning category. On January 15, 2010, the required applications were submitted. The Phase III portion of the draft plan conceptually includes an additional 5 single detached lots, 2 semi-detached lots and 45 townhouse units. Monarch Corporation has confirmed that 52 units of conditional 2011-2012 allocation have been transferred from King David Developments for this phase. A public meeting is required for these Phase III applications.

OPTIONS/DISCUSSION:

Official Plan and Zoning Context

Draft plans conform to the Cathedral Community Secondary Plan

The Cathedral Community Secondary Plan (OPA #42), approved in 1997, contemplates development of a mixed-use community on approximately 310 hectares (765 acres) in northwest Markham. The Secondary Plan was amended in 2004 to incorporate the Woodbine By-pass and other infrastructure elements; changes in the Land Owners’ development concepts for the Community; and evolving environmental standards and stormwater management practices such as wider environmental buffers and the relocation of Stormwater Management Ponds to reflect Toronto & Region Conservation Authority’s (TRCA’s) standards.

The subject lands are designated Urban Residential - Low Density; Urban Residential - Medium Density, Open Space (Neighbourhood Park); and Business Park Area by OPA 42, as amended. One public school site is identified in the Secondary Plan within the boundaries of the subject lands. The applications conform to the land use pattern set out in the Secondary Plan.

Rezoning is required for Phase II and III lands

The Phase I lands have been zoned for residential and employment uses as set out in the Secondary Plan. The Phase II lands are currently zoned institutional which historically permitted a cemetery. The Phase III lands are currently zoned Agricultural and, as previously discussed, is currently going through the subdivision and rezoning processes (Figure 3).

The proposed draft amendments to Zoning By-laws 304-87 and 177-96, as they relate to the Phase II lands, are attached as Appendices C and D. The proposed amendment to By-law 177-96 includes a Hold (H) provision. The (H) provision applies to residential units that have received conditional 2011-2012 servicing allocation. Prior to the removal of the (H) provision written confirmation from York Region is required confirming that the completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will generally be within six (6) months and that subdivision registration can proceed.

Technical revisions to certain Phase I lands are required

On March 4, 2008 Markham Council passed a resolution removing Town support for a proposed Highway 404 Mid-Block Crossing between Major Mackenzie and Elgin Mills Road and withdrawing the Town as a proponent of the required Environmental Assessment.

The Region has required a realignment of Street J (Figure 9) to protect for a preferred alignment of a future mid-block collector road crossing over Highway 404. This realignment has affected the configuration of several of the employment land blocks within the Phase I portion of the subdivision. The Phase I Draft Plan initially showed the employment lands divided into four blocks with an overall land area of 6.36 ha. The realignment of Street J and removal of the flyover from the Draft Plan has reduced the overall land area of the employment lands to 6.31 ha (Figures 6&7).

Region of York and Ministry of Transportation (MTO) conditions outstanding

To date, formal conditions of draft approval for the Phase I revisions have not been received from the Region of York or MTO. Conditions from the Region and MTO may require modifications/alterations to the plan. This will be achieved through red line revisions, if necessary, as well as any appropriate modifications to the conditions of draft approval prior to draft plan approval issuance.

Public Meeting held for the Phase II lands

On September 16, 2008, a statutory Public Meeting was held to consider applications for subdivision approval and zoning by-law amendments for Phase II of Draft Plan of subdivision 19TM-05009. There were no comments or concerns from the public or the Committee members at the meeting. The resolution at the Public Meeting was that the By-laws be enacted once a No Presale Agreement was executed between the Owner and the Town and an Indemnity Agreement was executed between the Owner and the Region.

On December 23, 2009 the Town received confirmation from the Region of York that the required regional infrastructure projects (namely the Duffin Creek WPCP expansion and the YDSS flow control structures) were on track. Therefore, the Town no longer requires developers with 2011-2012 conditional allocation to enter into No Presale agreements for low rise residential development. An Indemnity Agreement between the Owner and the Region of York is still required and identified as a condition of approval.

Environmental/Sustainability initiatives

Council’s resolution from the March 25, 2008 report entitled “Sustainable Development Standards and Guidelines” states that:

“Council encourage builders to apply Energy Star standards, as developed by Natural Resources Canada (NR Can), for low density housing.”

Throughout the residential portion of the subdivision, the Owner has committed to provide wall construction to an R25 (insulation value) which meets the Energy Star standard and compact Fluorescent bulbs to the home owner. The Owner also has an Energy Star upgrade package which the homeowner can purchase. Highlights of the package include an enrollment in the Energy Star program for new homes; Energy Star windows and doors; full height basement insulation; and, HVAC systems.

Request for a Public Meeting for Phase III lands

As a part of this report, Staff are recommending that a Public Meeting be held to consider the subdivision and rezoning applications for Phase III of the Draft Plan in order to present the proposal and obtain input from the public. The details of the Phase III expansion are explained on page 3.

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 are reflected in the conditions of draft plan of subdivision approval and the draft 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 – Air Photo

Figure 3 – Area Context/Zoning

Figure 4 – Concept Plan - Phases I-III

Figure 5 – Original Phase I Draft Plan - 2007

Figure 6 - Revisions to Plan of Subdivision Phase I

Figure 7 - Proposed Plan of Subdivision Phase II

Figure 8 - Proposed Phase III Draft Plan

Figure 9 – Street J / Markland Realignment

Appendix A – Conditions of Draft Plan of Subdivision - Phase I

Appendix B – Conditions of Draft Plan of Subdivision - Phase II

Appendix C – Draft amendment to By-law 304-87

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

Owners/Applicants Information:

Mark Resnick	Helen Roman-Barber
Manager, Land Development
Monarch Corporation	King David Developments Corporation
2550 Victoria Park Avenue, Suite 200	212 King Street West, Suite 204
Toronto, Ontario	Toronto, Ontario
M2J 5A9 Phone: 416-495-3541 Fax: 416-640-1574	M5H 1K5 Phone: 416-971-3323 Fax: 416-971-9181

File path: Amanda\File 05 011381\Documents\Recommendation Report