RECOMMENDATION:
That draft plan of
subdivision 19TM-01008, prepared and revised by PMG Planning Consultants,
identified as Project Number 2124, Drawing Number 2124-dp08.dwg, be approved
subject to the revised conditions of draft plan approval as set out in Appendix
‘A’ to the staff report dated February 18, 2003, and the following redline
revision:
- Provide an 18.5 metre radius for the proposed cul-de-sac for
Street ‘A’
That the applications
submitted by Markham Trails to amend Zoning By-law 177-96, as amended, be
approved, and that the draft by-law attached as Appendix ‘B’ to the staff
report dated February 18, 2003, be enacted;
That the Town reserves the right to revoke or reallocate
water allocation to the draft plan of subdivision should the development not
proceed in a timely manner;
That the applicant submit
the required 30% subdivision processing fee.
PURPOSE:
The report provides
recommendations regarding proposed revisions to draft approved plan 19TM-01008,
including revised conditions of draft approval to include an additional 57
units, and implementing zoning by-law for the additional lands. The report presents an overview and
evaluation of the proposed addition of 57 residential units to the approved
draft plan of 426 residential units, reviews key issues associated with the
proposed revisions, and recommends
conditions of draft approval and an implementing zoning by-law.
BACKGROUND:
Property and Area
Context
The 17 hectare (42 ac.) property is
located north of Bur Oak Avenue on the west side of McCowan Road within the
Berczy Village Secondary Plan Area (Figure 1).
The Robinson Creek runs through the northern half of the property. The subject property contains the historic
Peterson-Jarvis House, c. 1840.
Adjoining the property is:
- El-En Charemar Realty proposed plan of subdivision to the north
- Emery Investment’s draft approved plan of subdivision (Phase 4) to
the south
- Markham Trails’ previously registered Phases to the west
- Dovcom Realty Inc./Danvest Wismer and Amber Plains Investments
draft plans to the east, across McCowan Road in the Wismer Commons
Community
Adjacent to the southeast
boundary of the property are two single-detached dwellings. The most southerly of the two dwellings is
currently being used as a chiropractor’s office.
The applicant has registered previous
phases, which include a mix of detached, semi-detached and townhouse units
Phases 1 and 2 of the Markham
Trails plan of subdivision received draft approval on February 9, 1999. Phase 3 was not draft approved at that
time. Phases 1 and 2 are registered and
include a mix of detached, semi-detached and townhouse units (Table A)
Table A
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Phase
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Single-detached
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Semi-detached
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Townhouses
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Total
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1 and 2
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472
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52
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41
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565
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Phase 3 previously draft approved
Phase 3 was previously draft
approved on May 14, 2002. It includes a
mix of conventional single-detached, semi-detached and townhouse units as well
as two Medium Density blocks, a Community Amenity block, valley lands and a
parkette. Three townhouse units at the
southwest corner of Warren Bradley Street and Street ‘A’ are the only wide
shallow product in the plan. All the
single-detached lots have a lot frontage of 11.6 metres (38 ft) or greater. The by-law permits 2-car garages on
conventional single-detached lots of 11.6 metres (38 ft) or greater.
Applicant revised draft approved plan
Subsequent to the zoning and draft
plan approvals for phase 3, the Toronto Region Conservation Authority provided
revised flood mapping for Robinson Creek.
The adjustment to the Regional Flood Lines has resulted in additional
developable land within Phase 3.
Accordingly, the applicant has applied to revise the draft approved plan
and to rezone the additional developable land (Table B). The adjustment to the Robinson Creek flood
line as shown on the revised draft plan, is acceptable to the TRCA.
Revision to include an additional 57 residential units
As a result of the additional
developable land, the initial subdivision application has been revised to
include an additional 57 residential units (10 semi-detached, 11 townhouses and
38 medium density units). The following
Table (Table B) compares the previously draft approved plan and the revised
plan.
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TABLE B - COMPARISON OF DRAFT APPROVED PLAN AND
REVISED PLAN
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RESIDENTIAL UNITS
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HECTARES
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ACRES
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|
|
Original
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Revised
|
Original
|
Revised
|
Original
|
Revised
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Single-detached
|
27
|
27
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1.01
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1.02
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2.4
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2.5
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|
Semi-detached
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48
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58
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0.99
|
1.41
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2.4
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3.4
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|
Townhouses (6.7 m-9.1 m)(21.9 ft-29.8)
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63
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74
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1.38
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1.61
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3.4
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3.9
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|
Total Units (not including residential part lots or
Medium Density Units)
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138
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159
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3.38
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4.04
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8.2
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9.8
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|
|
|
|
|
|
|
|
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Residential Part Blocks
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4
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0
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0.07
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n/a
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0.17
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n/a
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|
|
|
|
|
|
|
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Block A – Medium Density (CA Block)
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103
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98
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1.05
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1.22
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3.18
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3.01
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|
Block B – Medium Density
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99
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110
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1.24
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1.38
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3.06
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3.4
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Block C – Medium Density
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84
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116
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1.29
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1.45
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2.59
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3.58
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|
Total For Medium Density
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286
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324
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3.58
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4.05
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8.83
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9.99
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|
|
|
|
|
|
|
|
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Total Units
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426
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483
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|
|
|
|
|
|
|
|
|
|
|
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Valley Lands
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|
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7.08
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5.75
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17.49
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14.20
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Parkette
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|
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0.06
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0.17
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0.14
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0.42
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Open Space
|
|
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0.03
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0
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0.074
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0
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Roads
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|
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2.79
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2.91
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6.89
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7.19
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Road Widening
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|
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0.03
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0.09
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0.07
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0.22
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|
|
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|
|
|
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Gross Site Area
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|
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17.02
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17.03
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41.8
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41.8
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|
|
|
|
|
|
|
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Net Site Area (Excluding Medium Density Blocks)
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|
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3.45
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4.04
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8.52
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9.98
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|
|
|
|
|
|
|
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Net Residential Density (Excluding Medium Density
Blocks)
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|
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40 uph
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39 uph
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16.8 upa
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16.2 upa
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OPTIONS/DISCUSSION:
Proposed revisions to the draft plan of subdivision comply
with the Berczy Village Secondary Plan
The lands comprising the draft plan are designated Urban Residential –
Medium Density, Community Amenity – Arterial and Hazard Lands. The proposed increase in units complies with
the density and use provisions of the Berczy Village Secondary Plan.
Zoning By-law Amendment required
Zoning By-law amendment 2002-78 implemented the original draft
plan. The increase in developable land
results in minor modifications to the by-law.
A draft amending by-law is attached as Appendix ‘B’.
A Public meeting was held on November 19,
2002
A statutory public meeting was held on November 19, 2002, to consider
the revised draft plan. No members of
the public spoke at the public meeting, however Committee discussed
negotiations to acquire lands for a portion of Castlemore Avenue and the
developer’s responsibilities for costs.
Markham Trails required to use its best efforts to acquire lands from
El-en Charemar Realty to complete Castlemore Avenue.
El-en Charemar Realty is the owner of the 22.7 hectare (56.2 ac.)
property to the north, the majority of which is currently designated Hazard
Lands. Castlemore Avenue traverses the
shared property line between Markham Trails and El-en Charemar Realty for
approximately 105 metres (344 ft.).
Prior to registration, Markham Trails is required to use its best
efforts to acquire from El-en Charemar Realty, the additional lands required to
complete the Castlemore Avenue road allowance.
Should Markham Trails not be able to acquire the lands, the Town has an
option to expropriate (with Council approval) the lands necessary to complete
Castlemore Avenue, at Markham Trails’ cost.
The draft plan conditions include a clause indemnifying the Town fully
and completely for any costs related to expropriation of the needed lands. Markham Trails is also responsible for the
design and construction of Castlemore Avenue from the west limit of their property
to McCowan Road, including the road within El-en Charemar Realty. The applicant has indicated that El-en
Charemar Realty has agreed to convey the lands required to complete the
Castlemore Avenue road allowance and that the deeds are being prepared.
Fire Department requires additional
accesses
A draft plan condition has been included to ensure that development must
proceed in conjunction with the subdivision to the south (Emery Investments
Ltd.) to provide appropriate services and access.
Execution of the Heritage Easement
Agreement required prior to registration
The Heritage Section requests that the owner execute the Heritage
Easement Agreement, prior to registration of the plan, for the historic
Peterson-Jarvis House located at 9804 McCowan Road. The property is designated under Part IV of the Ontario Heritage
Act. The designation and easement
ensures that the historic house and adjacent heritage tree will be restored,
protected and incorporated into the development.
Water allocation is available for the
proposed development
On December 15, 1998, Council endorsed a policy and guidelines for
allocation of water for future residential developments. This allocation policy was necessary due to
limited available water supply in the urban expansion area. Where a development is within a Developer’s
Group, the Town’s water allocation criteria requires a letter be provided to
the Town from the Developers’ Group trustee, confirming the Developer Group’s
concurrence with the allocation of water supply for this development, prior to
Draft Approval by Council.
As endorsed by Council in December 1998, water allocation of 1427 units
was granted to the Berczy Secondary Plan Area to be distributed by the Trustee
of the Developers Group. Markham
Trails’ total allocation from the Developers Group was originally 607
units. On April 10, 2001, the Town
approved a further water allocation of 385 units to the Berczy Village
Developers Group from the Town’s reserve.
Of the 385 units allocated in April 2001, Markham Trails received 300
units, while Emery Investments (draft plan of subdivision to the south)
received 85 units. Markham Trails’
total allocation from the Trustee is 907 units (607 + 300) (Table C).
The applicant has sufficient water allocation to accommodate all of the
proposed 159 singles, semis and townhouses and for 183 of the 324 Medium
Density units (226 units - Medium Density Blocks B and C and 98 units –
Community Amenity Block A). The
applicant’s proposal of 483 units creates a water allocation shortfall of 141
units. However it should be noted that
the proposed draft zoning by-law (Appendix B) zones the lands to provide for a
maximum of 566 units, based on the density provisions of the secondary plan. This creates a potential water allocation
shortfall of 203 units (see table C).
The Applicant has the option of developing a combination of the
Community Amenity and Medium Density blocks, subject to sufficient water
allocation, compliance with zoning and obtaining site plan approval.
A ‘Holding’ provision appended to the zoning designations for Blocks A,
B and C (Medium Density and Community Amenity blocks) will not be removed and
site plan approval will not be issued until sufficient water allocation to
accommodate all proposed medium or high density residential development has
been granted by the Town.
WATER ALLOCATION GRANTED
(Table C)
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Original Allocation to Markham Trails
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607
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Additional Allocation granted by Developers Group – April 10/01
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300
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Total Allocation
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907
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WATER ALLOCTION REQUIRED/USED
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|
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Based on max units provided for in Zoning
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Applicant’s proposal
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Phase 1 and 2
|
565
|
565
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Phase 3 – Singles/Semis/Townhouses
|
138
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159
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Medium Density Blocks B and C
|
226
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226
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Community Amenity Block A
|
181
|
98
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|
Total Units (Phases 1, 2 and 3)
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1110
|
1048
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Water allocation shortfall
|
203
|
141
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CONCLUSION:
Staff support the revision to draft
plan approval of the subdivision by Markham Trails and recommend that the
revised draft plan of subdivision, as outlined in Figure 5, be draft approved
subject to the revised conditions of draft plan approval listed in Appendix ‘A’
and that the implementing zoning by-law contained in Appendix ‘B’
FINANCIAL CONSIDERATIONS:
None at
this time.
BUSINESS UNITS CONSULTED AND AFFECTED:
The proposed draft plan of subdivision
and implementing zoning by-law amendment applications have undergone a full
circulation. Comments have been
incorporated into the report, the proposed conditions of draft approval and the
proposed zoning by-law.
ATTACHMENTS:
Figure 1: Location
Map
Figure 2: Area
Context/Zoning
Figure 3: Air
Photo
Figure 4: Original
Draft Plan of Subdivision
Figure 5: Revised
Draft Plan of Subdivision
Appendix A – Proposed Conditions of Draft
Approval
Appendix B – Proposed Zoning By-law
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning and Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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