Report to: Development Services Committee                                  Report Date: April 22, 2008

 

 

SUBJECT:                          PRELIMINARY REPORT

                                            Attilio Vettese

                                            Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval (19TM-0800001) to permit residential development at 7085 14th Avenue

                                            File No. ZA 08 110187 and SU 08 110200

 

PREPARED BY:               Nilesh Surti, Senior Planner, ext. 4190

                                            East District Team

 

 

RECOMMENDATION:

THAT the report dated April 22, 2008 entitled “PRELIMINARY REPORT, Attilio Vettese, Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval (19TM-0800001) to permit residential development at 7085 14th Avenue” be received.

 

THAT Staff be authorized to schedule a statutory Public Meeting to consider the Zoning By-law amendment and Draft Plan of Subdivision applications;

 

THAT the Planning processing fees and fees associated with the review and approval of various studies be deferred until the execution of a subdivision agreement;

 

AND THAT the Mayor and Clerk be authorized to enter into a Memorandum of Understanding and agreement, as described in this report, between the applicant (Attilio Vettese), the Region of York and the Town to the satisfaction of the Chief Administrative Officer, Town Solicitor and Commissioner of Development Services, pertaining to road rights-of-way and easement conveyance and related development and servicing matters. 

  

EXECUTIVE SUMMARY:

Not applicable

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

PURPOSE:

The purpose of this report is as follows:

  • to provide preliminary information regarding these applications;
  • to recommend that a statutory public meeting be held with respect the Zoning By-law Amendment and Draft Plan of Subdivision applications;
  • to recommend that Planning processing fees and fees associated with the review and approval of various studies be deferred until the execution of a subdivision agreement; and
  • to recommend that the Mayor and Clerk be authorized to execute a Memorandum of Understanding and agreement between the applicant (Attilio Vettese), the Region of York and the Town related to road rights-of-way and easement conveyance and related development and servicing matters. 

 

 

BACKGROUND:

Property and Area Context

The property consists of approximately 8.62 hectares (21.3 acres) of land located on the south side of 14th Avenue, west of the CP Railway tracks within the Box Grove Community.  The property contains a number of buildings including a heritage dwelling, know as Abraham Koch House, and a single-detached residence that has no heritage value.

 

Natural features include a watercourse (a minor tributary of the Rouge River) which traverses the westerly portion of the property in a north-south direction, and mature trees located along 14th Avenue and within the watercourse valley system (Figure 3).

 

To the southeast, the subject lands are bounded by the CP Railway Tracks, and across the railway tracks, is the Bob Hunter Memorial Park.   Immediately to the west is a recent plan of subdivision (Oxnard Boxgrove Ltd) that is still under construction.  To the north, across 14th Avenue, are two stormwater management ponds serving subdivisions in that area.

 

Abraham Koch House

The Abraham Koch House is listed on the Markham Register of Heritage Buildings.  The house is also listed as a heritage resource in the Box Grove Secondary Plan, and has been evaluated as a Group 1 heritage building. The Abraham Koch House is a two storey red brick farmhouse, and was historically associated with the Cedar Grove Mennonite community.  The Abraham Koch House is an early example of a brick farmhouse in Markham, locally rare for its full two storey form.  Given the significance of the Abraham Koch House, Heritage staff has initiated the designation process under Part IV of the Ontario Heritage Act to enhance the status and protection of this building.

 

Proposed Plan of Subdivision

The proposed plan of subdivision includes 60 lots consisting of 58 townhouse lots and 2 single-detached lots intended to contain the heritage house and the other existing dwelling on the property.  In addition, the owner has reserved a block at the northeast quadrant of the property for a future development, which may accommodate approximately 100 high density units. 

 

The following table outlines the details of the housing mix for the proposed residential draft plan of subdivision:

 

Unit Types

No. of Units

 

 

Block 1 (townhouse)

7

Block 2 (townhouse)

7

Block 3 (townhouse)

7

Block 4 (townhouse)

7

Block 5 (townhouse)

6

Block 6 (townhouse)

4

Block 7 (townhouse)

6

Block 8 (townhouse

3

Block 9 (townhouse)

7

Block 10 (townhouse)

4

Block 11 (single-detached)

1

Block 12 (single-detached)

1

Total No. of Units

60

 

Almost all of the individual townhouse lots will have a frontage of 7 metres (23 ft.) with a couple of corner lots having greater frontages.  The two single detached lots are large irregular lots intended to accommodate the existing houses.

 

Also proposed as part of the subdivision is a 0.66 ha (1.6 ac.) park block located at the southwest corner of the property adjacent to the watercourse, as well as a 0.08 ha (0.2 ac) parkette on the west side of Street 1.

 

OPTIONS/ DISCUSSION:

Proposed plan of subdivision generally conforms to Secondary Plan

The majority of the lands comprising the draft plan are designated in the Box Grove Secondary Plan as “Community Amenity Area – Village Centre” and a small portion near the southwest area of the property is designated “Urban Residential – Low Density Housing II”.  Both these designations would permit the proposed medium density built form.  The watercourse and it’s associated valley system are designated “Environmental Protection Area – Hazard Lands”.  The portions of the subject lands to be acquired to complete the construction of Donald Cousens Parkway (discussed below) are designated “Transportation and Utilities”.

 

Density of the proposed subdivision is consistent with the required density range of 17 – 37 units per hectare (6.8 – 14.9 units per net acre) for Low Density II, and 30 – 80 units per net hectare (12.1 – 32.4 units per acre) for Community Amenity Area – Village Centre in the Secondary Plan.  The proposed subdivision will have a density of 35.7 units per net hectares (14.4 units per net acre).  The distribution of housing types and density within the draft plan of subdivision is generally consistent with the land use designations in the Secondary Plan.

 

Zoning by-law amendment required

The subject lands are currently zoned Agriculture One (A1) in By-law 304-87, as amended.  Amendments are required to delete the lands from By-law 304-87 and to incorporate the subject lands within the Town’s Urban Expansion Area By-law 177-96.  The applicant has applied for a zoning by-law amendment to implement the proposed draft plan of subdivision.

 

Applicant must enter into the Developers Group Agreement

There is an established Developers Group Agreement for the Box Grove Secondary Plan area to secure community facilities including parkland and school sites and to compensate the landowners on whose properties the community facilities are located.  As part of any approval, the applicant will be required to become a signatory to the Developers Group Agreement, and satisfy all obligations related to this plan, financial or otherwise, as set out in the Developers Group Agreement.  The applicant has indicated his intention to join the Group.  

 

Memorandum of Understanding is required to be executed

On August 28, 2006 staff brought forward a confidential report to General Committee which addressed Markham By-Pass (Donald Cousens Parkway) property acquisition and construction issues in the Box Grove area.  Since that time negotiations with private property owners, the Region of York and Town staff have proceeded well and appear to be moving forward to a conclusion.   

 

One of the issues raised in the report involved the applicant’s lands (the Vettese lands) and the need to acquire a portion of it to complete the right-of-way to provide for the construction of the Donald Cousens Parkway (formerly Markham By-Pass Link) and the associated realignment of 14th Avenue to provide for an at-grade intersection with Donald Cousens Parkway at the CPR Havelock Line.  Since that time the Region has indicated the need to secure from the Vettese lands, adjacent to 14th Avenue, both a temporary and permanent easement to provide for a construction staging area for the construction of the South East Collector Sanitary Trunk Sewer.

 

Currently staff is working with the applicants and the Region of York to finalize a Memorandum of Understanding (MOU) to address road rights-of-way and easement conveyance matters as well as development and servicing allocation matters related to the property.  This document is expected to be finalized in the near future.  Staff is recommending that Council authorize the Mayor and Clerk to execute the said MOU and, if required, any subsequent agreement(s).

 

Servicing allocation is available to permit the proposed draft plan of subdivision

In February 2008, Council endorsed the allocation of 70 units from Markham’s 2008 reserve to the Box Grove Trustee to be assigned to this draft plan subject to conditions that included the dedication of the road rights-of-way for the Donald Cousens Parkway and 14th Avenue realignment.

 

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

The approval of the proposal would provide the following benefits:

 

  • Allow the acquisition of lands necessary to complete the right-of-way to provide for the construction of Donald Cousens Parkway south of Highway 407 and the associated realignment of 14th Avenue to provide for an at-grade intersection with the Donald Cousens Parkway;
  • Eliminate the need to carry out a separate EA for the construction of the Donald Cousens Parkway within the subject lands given that the EA carried out by the Region of York remains to be approved by the Province.  Under the Environmental Assessment Act a road that was part of a plan of subdivision approval process is exempt from the EA process.   
  • Allow the Region to secure temporary and permanent easements necessary to provide for a construction staging area for the construction of the South East Collector Sanitary Trunk Sewer; and
  • Allow for the orderly development of the Box Grove area, in accordance with the objectives of the Box Grove Secondary Plan.
  • Permit the construction of the Donald Cousens Parkway from Hwy 407 to south of 14th Avenue to proceed in 2008/2009.

 

CONCERNS/ISSUES TO BE RESOLVED:

The following is a brief summary of concerns/issues raised to date. These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in a final staff report to be presented to Committee at a later date.  The concerns/issues raised to date may include, but are not limited to the following:

 

  • Tree inventory and preservation plan needs to be submitted for the lands
  • Appropriateness of the size, configuration and accessibility of the proposed park blocks
  • Owner must enter into the Box Grove Developers Group Agreement
  • Owner must execute the Memorandum of Understanding for the road dedication
  • Toronto Region and Conservation Authority comments are required as these lands fall within TRCA screening zones
  • Noise study needs to be completed for the subject lands
  • Appropriateness of the proposed 2.7 metre width for the buffer block adjacent to the proposed Donald Cousens Parkway, and buffering/screening requirements
  • Need to explore pedestrian connectivity with the remainder of the Box Grove community
  •  Impact of potential noise fence/berm requirements, if any, determined through a detailed noise study
  • Heritage Markham comments are required with respect to the size and configuration of the lot proposed for the heritage house and how it relates to the remainder of the proposed development.

 

Staff recommend that a statutory public meeting be held to consider these applications.

 

FINANCIAL CONSIDERATIONS:

The applicant has indicated that he is proceeding urgently with the plan of subdivision in part to expedite the conveyance to the Region of the right-of-ways and easements noted above.  The applicant has also indicated that he is not a developer and has financial constraints with regard to the processing of a plan of subdivision.  In light of the above, the applicant has requested that the Town defer the Planning processing fees of $64,260 (normally required prior to execution of subdivision agreement) and fees associated with the review and approval of various studies (undetermined at this time) until the execution of a subdivision agreement.

 

Given the benefits to the Town and the Region related to this application, and given that only a deferral of the fees is being requested, staff support the request.   

 

ENVIRONMENTAL CONSIDERATIONS:

Appropriate treatment of the Rouge River tributary, and any other environmental issues identified during the review of the application by the Toronto and Region Conservation Authority and the Town will be addressed in the conditions of draft approval.

 

ACCESSIBILITY CONSIDERATIONS:

Not applicable

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications were circulated to internal departments and external agencies for comment. 

 

ENGAGE 21ST CONSIDERATIONS:

The proposed development will assist with the implementation of the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

 

RECOMMENDED BY:

 

 

 

 

_______________________________          _________________________________

Valerie Shuttleworth, M.C.I.P., R.P.P.              Jim Baird, M.C.I.P., R.P.P.

Director of Planning and Urban Design  Commissioner of Development Services

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo 2007

Figure 4 – Proposed Draft Plan of Subdivision

 

AGENT:

Ms. Tanya M. Roman

Anison Management Inc.

20 Valleywood Drive

Markham ON  L3R 6G1

Tel: 905-474-2514; Fax: 905-474-2517

 

File Path:  Q:\Development\Planning\APPL\SUBDIV\08 110200 (Attilio Vettese)\Preliminary Report.doc