RECOMMENDATION:
That
the first phase (330 units) of draft plan of subdivision 19TM-02013 (SU 02
117632) located north of Castlemore Avenue, west of 9th Line,
proposed by Ninth Line Developments Limited and
Humbold Properties Limited, be draft approved subject to the conditions
outlined in Appendix ‘A’;
That
zoning application (ZA 02 117695) to amend By-laws 304-87, as amended, and
177-96, as amended, submitted by Ninth Line
Developments Limited and Humbold Properties Limited, for lands located
north of Castlemore Avenue, west of 9th Line, be approved and the
implementing Zoning By-laws attached as Appendix ‘B”, that includes an “H”
(Hold) provision for the second phase of draft plan of subdivision 19TM-02013
(229 units), be enacted;
That
the applicant provide to the Town the 30% payment of the required subdivision
processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);
That
water supply allocation for 300 units be granted to Ninth
Line Developments Limited and Humbold Properties Limited subject to
written confirmation from the Trustee of the Greensborough Developers’ Group
that water supply has been made available from the total allocation granted to
the Greensborough Community by the Town;
That
the Town reserves the right to revoke or reallocate water supply allocation
should the development not proceed in a timely manner;
That
the Region of York be advised of the sewage and water supply allocation for
this development;
That
the conditions of draft approval (Appendix ‘C’) for the second phase of draft
plan of subdivision 19TM-02013 (SU 02 117632) (229 units) located north of
Castlemore Avenue, east of the GO Transit rail corridor, proposed by Ninth Line Developments Limited and Humbold Properties
Limited, be endorsed by Council and that Council approve and enact a
Delegation By-law (Appendix ‘D’) to allow for the draft approval for the second
phase of draft plan of subdivision 19TM-02013 to be delegated to the
Commissioner of Development Services, with such issuance to occur when
additional water allocation is confirmed by the Region of York and allocated to
the Greensborough Secondary Plan area;
That the
conditions of draft plan approval for plan of subdivision 19TM-20003 (Ninth
Line Developments Limited) dated January 22, 2001 and signed by the Director of
Planning, be amended to reflect the transfer of all water allocation for that
plan (25 units) to this draft plan of subdivision 19TM-02013-Phase 1;
That
the subdivision agreement for registered plan of subdivision
65M-3642 (Greensborough Town Centre Limited) be amended to reflect the transfer
of water allocation for 34 units to this draft plan of subdivision 19TM-02013 -
Phase 1 (5 units) and draft approved plan of subdivision 19T-95011 (Pam Grey Holdings) (29
units);
That Ninth
Line
Developments Limited and Humbold Properties Limited, and Greensborough Town
Centre Limited enter into agreements
with the Town to prohibit pre-sales of units for which water allocation has not
been granted within draft approved plan of subdivision 19TM-20003, registered
plan of subdivision 65M-3642 and Phase 2 of the proposed plan of subdivision
until water allocation is confirmed by the Region of York and assigned by the
Town, in accordance with the Town's water allocation
policy, as amended from time to time;
That
a Public Meeting be held to consider an application submitted by Ninth Line Developments Limited and Humbold Properties
Limited and Greensborough Town Centre Limited to add an ‘H’ (Hold)
provision relating to water allocation to the existing
zoning for draft approved plan of subdivision 19TM-20003 (Ninth Line
Developments Ltd.) and to amend the existing ‘H’ (Hold) provision for Plan
65M-3642 with respect to water allocation;
And
that the required amendment to the conditions of draft plan approval for plan
of subdivision 19TM-20003 (Ninth Line Developments Limited), amendment
to the subdivision agreement
for registered plan of
subdivision 65M-3642 (Greensborough Town Centre Limited), agreements with the
Town to prohibit pre-sales of units within draft approved plan of subdivision
19TM-20003, registered plan of subdivision 65M-3642 and Phase 2 of the proposed
plan of subdivision and the addition of an ‘H’ (Hold) provision relating to water
allocation for the zoning for draft approved plan of subdivision 19TM-20003
shall have been completed to the satisfaction of the Commissioner of
Development Services prior to the Director of Planning and Urban Design signing
the final draft approval for Phase 1 of draft plan of subdivision 19TM-02013.
PURPOSE:
The
purpose of this report is to recommend approval of the proposed draft plan of
subdivision (19TM-02013) and implementing zoning by-laws.
BACKGROUND:
Property and Area Context
The subject lands have an area of 47.7
hectares (117.8 acres) and are located
west of the 9th Line, north of Castlemore Avenue within Phase 2 of
the Greensborough community. The lands
contain a 2.3 hectare woodlot (Block 618), a smaller stand of trees (on Block
619) and a hedgerow straddling the northern property line. There are no
existing buildings.
To the south are lands within Phase 1 of the Greensborough
community which were draft approved and zoned in June, 2000, and are currently
under development. To the north and
east is the future Markham By-pass and rural residential lots fronting Major
Mackenzie Drive. To the west is the GO
Transit Stouffville rail line.
Proposal
The applicant has submitted applications for
draft plan of subdivision approval and an implementing zoning by-law amendment. The proposed plan of
subdivision is comprised of the following:
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Residential Units
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Frontage
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Area
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|
|
|
|
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Single detached
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579
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9.15, 10.7, 12.5, 13.7 and 15.5m (30, 35,
41, 45 and 51ft.)
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22.2 ha. (55 acres)
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Semi-detached
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38
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minimum 12.0m (39ft.)
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0.5 ha. (1.2 acres)
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Townhouses
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12
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minimum 6.4m (21ft.)
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0.4 ha. (1.0 acre)
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Schools
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N/A
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9.5 ha. (23.6 acres)
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Parks
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N/A
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1.0 ha. (2.5 acres)
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Woodlot
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N/A
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2.3 ha. (5.7
acres)
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Total
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629
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47.7 ha. (117.8 acres)
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Density (Net)
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28.1 units/ha.
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Official Plan and Zoning By-law
The Official Plan designates the lands Urban
Residential and Environmental Protection Area (the existing woodlot). The Greensborough Secondary Plan designates
the lands Urban Residential – Low Density, Open Space – Environmentally
Significant Area (the existing woodlot), Open Space – Neighbourhood Parks and
identifies school site locations. The Secondary Plan permits a density (net) of
17 to 37 units/ha.
The lands are currently zoned Agriculture (A1)
by By-law 304-87.
OPTIONS/DISCUSSION:
The proposed development is
consistent with the Greensborough
Community Design Plan.
The proposed development of these lands is the next
phase of the orderly development of the Greensborough community northward from
16th Avenue and is consistent with the Greensborough Community
Design Plan.
The applicant has resolved the concerns/issues
identified in the preliminary staff report on this proposal considered by
Committee on May 20, 2003, to the satisfaction of staff.
1.
School Blocks
The size and configuration of the elementary and high school blocks
have been revised to the satisfaction of the York Region District School Board.
2.
Neighbourhood Focus (Schools and
Woodlot)
The Community Design Guidelines for the Greensborough Community
identify the block containing the two school sites and the woodlot as a
“Neighbourhood Focus”. The plan has
been revised to surround this block with larger single detached lots on which a
strong built form can be provided and lane based semi-detached product opposite
the high school site in order to eliminate the need for residential driveways.
3.
Markham By-Pass and Castlemore Avenue Gateway
The
cul-de-sac at the end of Street 20 has been reconfigured to minimize the rear
lotting at this prominent location, a main entrance into the community from the
Markham By-pass.
4.
Park Block 624/625and Road Pattern
The park
blocks, associated walkway and surrounding road pattern have been reconfigured
to staff’s satisfaction.
5.
Provision of Future Development Block 626
A future
development block, to be combined with the abutting lands to the north that are
currently under separate ownership, has been provided. This will ensure that an appropriate land
use and pattern of development can be determined for this area adjacent to the
Markham By-Pass when the adjacent landowners submit development plans.
6.
Open
Space Activity Linkage
An open
space activity linkage between the Neighbourhood Focus (Schools and Woodlot)
and the neighbourhood park to the northwest has been provided.
7. Road and Lot Pattern Adjacent To The Rail Corridor
A window
(single loaded) road parallel to the rail corridor has been provided. This will allow the homes exposed to the
rail corridor to face onto this noise source, and thus protect the rear yard
amenity areas from rail noise without the need for extensive noise attenuation
walls. The window road provides good
connectivity in the area adjacent to the rail corridor.
Concerns expressed by adjacent
landowners on Major Mackenzie Drive at the Public Meeting held on June 17, 2003
have been resolved.
The applicant has consulted with
the adjacent landowners that expressed concerns with respect to the proposed
plan of subdivision at the public meeting for this proposal, and other adjacent
landowners. The adjacent landowners are
now satisfied with the proposed alignment of roads and location of open spaces,
and the impact they will have on the future development of their properties.
Compensation for non-utilizable lands (e.g. open spaces) will be available to
them through the Greensborough Developers’ Group.
Greensborough Developers’ Group
has committed to complete Castlemore Avenue from the Markham By-Pass to Highway
48 by the end of 2004.
As a condition of receiving additional
water allocation for 300 units from the Town’s reserves in October 2003, the
Greensborough Developers’ Group (which includes the applicant and Pam Grey
Holdings – current owners of the yet to be built portion of the Castlemore
Avenue right-of-way) has committed to complete construction of Castlemore
Avenue from the Markham By-Pass to Highway 48 by the end of 2004 (Appendix
‘E’). An amendment to the Greensborough
Development Phasing Plan and execution of an amendment to the Phasing Plan
agreement to reflect this commitment are included in the recommended conditions
of draft plan approval.
The applicant is seeking water
allocation for a total of 330 units, including reallocation from previously
approved plans of subdivision in Phase 1 of the Greensborough community.
Council approved water allocation
for 300 units within the Greensborough Secondary Plan area from the Town’s
reserves on October 21, 2003. The
Greensborough Developers’ Group is proposing to assign this water allocation to
this proposed plan of subdivision and in addition, to transfer existing water
allocation for 30 units within Phase 1 of the Greensborough community (25 units
from draft approved plan of subdivision 19TM-20003 [Ninth Line Developments
Ltd.] and 5 units from registered plan of subdivision 65M-3642 [Greensborough
Town Centre Ltd.]). The Developers’
Group is also proposing to transfer the remaining water allocation for 29 units
from the Greensborough Town Centre plan to draft approved plan of subdivision
19T-95011 [Pam Grey Holdings] within Phase 1 of the Greensborough community to
accommodate revisions to that draft plan and to obtain their commitment to
construct their portion of Castlemore Avenue.
There would be no further water
allocation available for the Greensborough community following this proposed
assignment.
The Developers’ Group has advised
they will not be proceeding to construct the mixed commercial/residential
Greensborough Town Centre until 2005 with occupancy in 2006 when further water
allocation will be available from the Region of York for this project. The Ninth Line Developments plan of
subdivision is comprised of a small area of land (25 units) on the south side
of Castlemore Avenue at the GO Transit rail corridor that will also not be
developed until 2006.
In accordance with Council’s
Water Allocation Policy adopted on December 10, 2002, the following actions are
required to implement the applicant’s program as outlined above:
·
draft approve Phase 1 of the proposed plan of subdivision (330 units) and
approve the implementing zoning
·
endorse
the conditions of draft approval for
Phase 2 of the proposed plan of subdivision and approve and enact a delegation
by-law to allow for the delegation of draft
approval to the
Commissioner of Development Services, with such issuance
to occur when water allocation is confirmed by the Region of York
·
approve the implementing zoning for Phase 2 of the proposed plan of
subdivision with an ‘H’ (Hold) provision (removal of the ‘H’ would not occur
until water is confirmed by the Region
of York)
·
authorize a public meeting to add an ‘H’ (Hold) provision to the existing
zoning for draft approved plan of subdivision 19TM-20003 (Ninth Line
Developments Ltd.) and amend the existing conditions of draft approval to
reflect the transfer of water allocation for all units within the plan (25
units) (removal of the ‘H’ would not occur until water is confirmed by the
Region of York)
·
authorize
a public meeting to amend the existing ‘H’
(Hold) provision for registered plan of subdivision 65M-3642 (Greensborough
Town Centre Limited)
·
amend
the subdivision agreement to reflect the transfer of water allocation for 34
units (removal of an existing ‘H’ would not occur until water is confirmed
by the Region of York)
·
enter into agreements with the applicant and Greensborough Town Centre
Limited to prohibit pre-sales of units within draft approved plan of
subdivision 19TM-20003 (Ninth Line Developments Ltd.), registered plan of
subdivision 65M-3642 (Greensborough Town Centre Ltd.) and Phase 2 of the
proposed plan of subdivision until further water allocation is confirmed by the
Region of York and the ‘H’ (Hold) provisions have been removed from the
applicable zoning by-laws
In order to secure the above
requirements, the Director of Planning and Urban Design would not sign the
final draft approval for Phase 1 of the draft plan of subdivision until these
requirements have been completed to the satisfaction of the Commissioner of
Development Services. Refer to appendix
E & F.
FINANCIAL CONSIDERATIONS:
No
financial implications are to be considered in this report.
ENVIRONMENTAL CONSIDERATIONS:
The existing woodlot (Block 618)
will be preserved and maintained as an integral part of the Neighbourhood Focus
and will be conveyed to the Town as part of the parkland dedication
requirements of the Greensborough community.
A smaller stand of trees at the southwest corner of the secondary school
site (Block 619) will also be preserved and maintained.
ENGAGE 21ST
CONSIDERATIONS:
Managed Growth:
The Greensborough Development Phasing Plan, approved by the Town on June
13, 2000, establishes the framework for the timely delivery of a well-planned
new community that is phased and coordinated with the provision of
infrastructure. The Greensborough
Developers’ Group has executed a Development Phasing Agreement with the Town.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
requirements of other Town Departments and external agencies have been
incorporated into the draft plan and recommended conditions of draft approval
ATTACHMENTS:
Figure
1 - Applicant/Agent & Location Map
Figure
2 - Area Context/Zoning
Figure
3 - Aerial Photo
Figure
4 - Proposed Plan of Subdivision
Appendix
A - Recommended Conditions of Draft Plan Approval – Phase 1
Appendix
B - Draft Zoning By-law Amendments
Appendix
C - Recommended Conditions of Draft Plan Approval – Phase 2
Appendix
D - Draft Delegation By-law for Draft Plan of Subdivision Approval
Appendix
E - Letter from Greensborough Developers’ Group
Appendix
F - Summary of Water Allocation in the Greensborough Community
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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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FIGURE
1
DOCUMENT #
Q:\Development\Planning\APPL\SUBDIV\02
117632 Ninth Line Dev. Ltd\rdscgsNov18.doc
LOCATION MAP:
