Report to: Development Services Committee Date of Meeting: May 16, 2006
SUBJECT: Recommendation
Report
Plan
of Subdivision and rezoning applications by Eastern Creative Group Ltd. to
permit a townhouse and mixed-use development at 83 Old
Kennedy Road
SU 04 011021
(19TM-04003), ZA 03 107781
PREPARED BY: Margaret
Wouters, ext. 2758
RECOMMENDATION:
That draft plan of subdivision 19TM-04003 (SU.04-011021) located at 83 Old Kennedy Road, proposed by Eastern Creative Group Ltd, be
draft approved subject to the conditions outlined in Appendix A;
That the subject lands be deleted
from the implementing zoning by-law for the Milliken Main Street Secondary Plan
(By-law 2005-250);
That the zoning application (ZA.03-107781) to
amend By-law 177-96 as amended, and By-law 47-85, as amended, submitted by
Eastern Creative Group Ltd, to implement draft plan of subdivision 19TM-04003 (SU.04-011021) located at
83 Old Kennedy Road, be approved and the draft Zoning By-laws attached as
Appendix B be finalized and enacted;
That servicing
allocation for the 26 units in
the draft plan of subdivision be granted as discussed in the November
22, 2005 report on Servicing Allocation from the Director of Engineering and
the Director of Planning and Urban Design;
That the applicant agrees to pay
their proportionate share of the cost of the Hwy. 48 flow control measures, to
the satisfaction of the Director of Engineering;
That the Region of York be advised of the servicing allocation for
this development;
That the Town reserves the right to revoke or reallocate sewage
allocation and water supply should the development not proceed in a timely
manner;
And that the
applicant provide to the Town the required payment of 30% subdivision
processing fees in accordance with the Towns Fee By-law (By-law 2005-357).
EXECUTIVE SUMMARY:
The subject lands comprise approximately 0.67
hectares (1.66 acres) at 83 Old Kennedy Road,
within the Milliken Main Street Secondary Plan area (Figure 1), and are
currently occupied by a dwelling and an associated outbuilding. The dwelling has been identified as a
heritage building. The purpose of this report is to recommend
approval of the proposed plan of subdivision and zoning by-law amendment
applications by Eastern
Creative Group Ltd to
permit 22 townhouse units on a new public road, and four mixed-use units along
the Old Kennedy Road
frontage.
The
subject lands are proposed to be subdivided into six blocks (Figure 4). Block 1 abutting Old Kennedy Road is
proposed to consist of four retail units at grade, fronting Old Kennedy Road, with
four 2-storey apartment units on the second and third storeys. Blocks 2 to 4 are proposed to be developed
with a total of 21 street townhouses on a new road. Block
5 will accommodate a future townhouse unit.
The proposed
development complies with both the Official Plan and the Milliken Main Street
Secondary Plan. A site-specific zoning
amendment is required.
The issues
identified in the Public Meetings for the zoning and subdivision applications
have been addressed. In addition, any
revisions resulting from the recommendations of the required technical studies,
including a functional traffic study, an environmental site assessment, and a
noise study, will be made prior to registration. A servicing allocation assignment of 26 units
is recommended. The existing dwelling
on the property (circa 1935) is not required to be preserved. The applicant will be required to pay the
estimated area-specific development charges and a proportionate share of the
cost of community facilities (schools and parks) within the Milliken Main
Street Secondary Plan area, prior to execution of the subdivision agreement.
It is recommended that draft
plan of subdivision 19TM-04003
(SU.04-011021) be draft approved subject to the conditions outlined in
Appendix A, and that the draft site-specific zoning by-law attached as
Appendix B be approved and further that the draft by-law be finalized and
enacted, prior to registration of the plan of subdivision.
FINANCIAL CONSIDERATIONS:
Not applicable
Proposed plan of subdivision complies with Official
Plan and Secondary Plan
The proposed development complies with both the
Official Plan and the Milliken Main Street Secondary Plan. The subject lands are designated Community
Amenity Area in the Official Plan which provides for medium and high density
residential development in appropriate locations. Most of the subject lands are designated
Urban Residential-Medium Density in the Secondary Plan, which permits townhouse
and other multiple residential development to a maximum density of 79.9 units
per net hectare (32 units per net acre).
The proposed street townhouse development (Blocks 2 to 5 inclusive) has
a density of 69 units per net
hectare (28 units per net
acre).
The lands fronting Old
Kennedy Road (Block 1) are designated Community
Amenity AreaMain Street in the Secondary
Plan. This designation permits a mix of
residential and commercial uses, with non-residential uses required at grade.
The Secondary Plan further specifies that buildings shall generally not exceed
a Floor Space Index (FSI) of 1.0, but that an FSI of up to 1.25 may be
permitted subject to consideration of a specific development proposal, a zoning
amendment, and a traffic impact analysis.
The conceptual plan for the proposed development indicates an FSI of
approximately 1.2 for four mixed-use units in Block 1.
The new public roads proposed in the draft plan of subdivision (Street
A and Street B) will provide a portion of a new minor collector road
connecting Old Kennedy Road to Steeles Avenue at the Midland Avenue
intersection. This new road link is
referred to as the Midland Avenue extension and is described in further
detail below.
Zoning provided in implementing zoning by-law for Milliken Main Street Secondary Plan; site-specific amendment required
The
implementing zoning by-law for the Milliken Main Street Secondary Plan Area
generally permits the development as initially proposed. Although approved by Council, the Milliken Main Street implementing by-law will not come into
effect until the two outstanding appeals to the Ontario Municipal Board are
resolved.
It is
recommended that the subject lands be deleted from the implementing zoning
by-law for the Milliken Main Street Secondary Plan (through the impending OMB
decision), and that the draft site-specific zoning by-law attached as Appendix
B be approved. The site-specific
by-law includes minor changes to zone standards necessitated by required road
widenings. It also increases the maximum
permitted FSI for the mixed-use Block A to 1.25 from 1.0 with a Hold provision
pending site plan approval. Although
the Secondary Plan requires a traffic study to justify an increase in FSI to
1.25, the difference between an FSI of
1.0 and 1.25 on Block 1 is minimal (approximately 169m2 of gross
floor area) which is less than one mixed-use unit. As the extent of the
road widening is still to be confirmed through an intersection design exercise,
and as the anticipated impact of 1 dwelling unit and 53m2 of retail space on the overall
traffic volumes in the Milliken Main Street Secondary Plan area is expected to
be minimal, it is recommended that Block A be zoned to permit up to 1.25 FSI,
with a Hold provision subject to site plan approval, and a traffic impact
study, if required.
Functional design plan
required
A functional design plan is required to confirm the right-of-way
requirements for Streets A and B (Midland Avenue extension) and a widening along Old Kennedy Road.
The Midland Avenue extension is identified in the Secondary
Plan as a 23 metre right-of-way. Half
(11.5m) of the east-west portion of the road will be provided on the subject
lands. The remaining half (11.5m) is
intended to be obtained from the property to the north when it is
redeveloped. The road is proposed to be
built with a 6 metre pavement, with the south boulevard constructed to public
road standards. This will allow the completion
of the road to public right-of-way standards when the remaining 11.5 metres of
right-of-way are obtained from the property to the north. The full 23 metre right-of-way is required to
be provided along the east limit of the property. A temporary turning circle will be provided
at the east limit of Street A until such time as the required lands to the
south are acquired for the completion of the Midland Avenue extension to Steeles Avenue. It
is recommended that Streets A and B be conveyed to the Town upon
registration of the subdivision.
The functional design plan will also confirm the required widening
along Old
Kennedy Road to accommodate the future Old Kennedy Road cross-section, including any required
turning lanes. It is recommended that
the draft plan of subdivision be revised, if necessary, to reflect the recommendations
of the approved functional traffic study.
Warning
clauses will be required for all dwelling units and commercial units within the
proposed subdivision notifying potential purchasers of the future construction
of the road to an ultimate 23 metre right-of-way, and extending southward to Steeles
Avenue. This requirement is included in the
conditions of draft approval attached as Appendix A.
Future Development Block (Block 5)
Until the
completion of the Midland Avenue
extension to Steeles Avenue,
Block 5 is required for a temporary turning circle. When the turning circle is no longer
required, it is anticipated that an additional unit will be built within Block
5, attached to the end of the townhouse building in Block 4. It would be appropriate to include warning
clauses in agreements of purchase and sale for all units in Block 4 that an
additional unit may be added in the future.
This requirement is included in the conditions of draft approval attached
as Appendix A.
Environmental clearance
required to support residential uses
The Milliken Main Street Secondary Plan
requires that prior to development, the Town must be satisfied that the
environmental condition of the property is suitable for the proposed land use.
As the subject lands have previously been used for commercial/industrial uses,
an environmental site assessment is required and any required remediation
measures will be required to be implemented prior to development. The environmental assessment undertaken for
the property in 2003 is required to be updated.
Recommendations of noise study to be implemented
A noise study
assessing the potential noise impacts from traffic levels on Old Kennedy Road and Steeles Avenue, and from the industrial operations in the vicinity of the subject
property is under review. The noise
study identifies a number of noise sources in certain neighbouring industrial
operations, which would require mitigation if they remain in operation. At least one major noise source is expected
to cease operations within the next two years.
Other intermittent noise sources to the north and south of the site
(short term operation of contractors equipment and idling trucks) were also
identified. Complete mitigation of
these noise sources may not be feasible or necessary given that the long term
vision for the area is for redevelopment to more compatible residential and
commercial uses. The implementation of
noise mitigation measures recommended in the approved noise study to the
satisfaction of the Town, including warning clauses in agreements of purchase
and sale for prospective purchasers, is a condition of draft approval.
Existing dwelling is not required to be
preserved
Heritage Markham has indicated that the existing dwelling, a modest brick bungalow dating
from approximately 1935, is not required to be preserved. The applicant will be required to advertise
the availability of the house for relocation or salvage, and to allow Town
heritage staff to document the building prior to demolition.
Financial contributions with respect to an area-specific development
charge by-law and cost-sharing for park/school sites
An
area-specific development charge by-law is currently being prepared for the
Milliken Main Street Secondary Plan Area.
The applicant will be required to deposit a letter of credit for the
full value of the estimated charges, to be determined by the Director of
Engineering at the subdivision agreement stage.
The Owner
will also be required to enter into an agreement with the Milliken Main Street
Developers Group, or make alternate arrangements with the Town, regarding the
payment of a proportionate share of the cost of the community facilities within
the Milliken Main Street Secondary Plan area, prior to execution of the
subdivision agreement.
Servicing allocation has been
assigned
An assignment
of 25 units for this subdivision was identified in the November, 2005 report on
servicing allocation by the Director of Planning and Urban Design and the Director of
Engineering. However, revisions to the
plan of subdivision will allow the development of an extra unit (26 units in
total). The allocation of 26 units is
justified by the provision of a portion of the Midland Avenue
extension, which has been identified as an important road link within the Milliken
Main Street Secondary Plan area.
Issues identified in the Preliminary Report and
Public Meeting have been addressed
The issues identified in the April 23, 2003 and April 20, 2004 Preliminary Reports and the July 7, 2003 and May 18, 2004 Public Meetings have been
addressed. Some of the issues identified
in the April 23, 2003 Preliminary Report no longer apply as they pertain to the
initial site plan submission for a condominium townhouse development on a private
road. Comments received at the Public Meetings included support
for the revitalization of the Milliken Main Street area, but concerns were also expressed with
respect to increased density, traffic, street lighting and provision of transit
and parks. These comments have largely been
addressed through the approval of the Secondary Plan and implementing zoning
by-law. The remaining comments are
addressed below.
Consideration of the impact of the proposed development on the
development potential of other lands in the vicinity
The owners of 73
Old Kennedy Road, immediately to the south of the
subject lands, submitted a letter in July, 2003 outlining their concerns with
the proposed residential use. The
concerns were mainly related to the potential for future conflict between the
residents and the ongoing contractor yard use at 73
Old Kennedy Road, which the owners have previously
confirmed is a legal non-conforming use. The owners requested appropriate
measures such as the installation of buffering and screening within the
proposed subdivision, and requested the opportunity to review and provide input
into the buffering and screening measures to be installed. As mentioned above, it may not be possible or
necessary to fully mitigate intermittent noise from abutting properties,
but the applicant will be required to
implement any noise mitigation measures identified in the approved noise study,
including warning purchasers of potential noise issues in the area.
The owners of 93
Old Kennedy Road, immediately to the north of the
subject lands also submitted a letter in opposition prior to the Public Meeting
in May, 2004. The owners expressed
opposition to any requirement or assumption that a portion of their property
would be required for road purposes, given the relatively small size of the
property. The owners expressed support
of the development if the road could be fully accommodated on the subject
lands. The applicant has approached the
owner of 93 Old Kennedy with the intent to purchase the property, but was
unsuccessful in acquiring the property.
Even without a partial right-of-way, the configuration of the property
at 93 Old Kennedy Road
(approx. 60 ft frontage) is such that it would be difficult to develop the
property in keeping with the Secondary Plan, without assembling additional
lands. Town staff will work with the
recently formed Milliken Main Street Developers Group to obtain the additional
lands necessary from 93 Old Kennedy Road to complete Street A (Midland Avenue
extension) to public standards, and to compensate the landowner to the north,
accordingly.
Concern was also expressed at the July, 2003
Public Meeting, by the owners of lands at 103 and 113 Old Kennedy Road (DiMilta lands), that the
alignment of the Midland Avenue extension not extend through
their property. The construction of
the Midland Avenue extension between 83 and 93 Old Kennedy Road would likely preclude any
further extension of a minor collector road through the DiMilta lands, however
it would not necessarily preclude the need for additional public local roads
within their lands.
Appropriate site layout including required setbacks and visitor parking
Staff have worked with the
applicant regarding site layout with
respect to appropriate massing and sufficient setbacks, and staff are
satisfied that the configuration of the townhouse blocks address these issues
in a satisfactory manner. The townhouses
will be subject to staff site plan review to ensure an appropriate streetscape
along the new road, given the linear
form of the proposed development.
With respect to parking, each of
the street townhouse lots contain 2 parking spaces as required by the parking
by-law. Visitor parking for the street townhouse units is proposed in the short
term within the 23 metre right-of-way at the east limit of the property. On-street parking will not be permitted on
the 6 metre pavement. At such time as
the Midland Avenue
extension road is built to a full public road right-of-way standard, on-street
parking along the length of the road will become available. The required parking for Block 1 will be
ensured through site plan control.
Requirements for open space/play area within the subject lands
The Secondary Plan provides for
a parkette in the general area of the development on the north side of the
public road, which is expected to be provided at the time the lands to the
north are developed. Until then, the proposed street townhouses will provide
amenity space in the rear yards.
It is
recommended that the proposed plan of subdivision be draft approved subject to conditions outlined in Appendix A
and that the zoning by-law attached as Appendix B be finalized and enacted.