Report to: Development Services Committee Date of Meeting: November 21, 2006

SUBJECT: RECOMMENDATION REPORT

World Tech Construction Inc.(Mohammed Khan in Trust)

Zoning Amendment and Subdivision applications to permit 6 detached residential dwellings.

93 Helen Avenue, South Unionville

ZA 05 019772, SU 05 027340

PREPARED BY: Anna Henriques, Planner II – Central District, ext 7922

RECOMMENDATION:

That the recommendation report entitled “World Tech Construction Inc.(Mohammed Khan in Trust) Zoning Amendment and Subdivision applications to permit 6 residential dwellings at 93 Helen Avenue, South Unionville” (ZA 05 019772, SU 05 027340) be received;

That the record of the Public Meeting held on February 7, 2006, regarding the proposed plan of subdivision and implementing zoning be received;

That the draft plan of subdivision, 19TM – 05020 (SU 05 027340), proposed by World Tech Construction Inc.(Mohammed Khan in Trust) for 6 detached residential lots located at 93 Helen Avenue, be approved subject to the conditions outlined in Appendix ‘A’;

That the zoning application (ZA 05 019772) to amend by-laws 304-87, as amended and 177-96, as amended to implement draft plan of subdivision 19TM – 05020 (SU 05 027340), be approved and the implementing Zoning By-laws attached as Appendix ‘B’ be enacted;

That World Tech Construction Inc.(Mohammed Khan in Trust) be granted servicing allocation for a projected population of 22 people (6 single detached units), such allocation to be from the total allocation for the South Unionville Planning District, in accordance with the June 20, 2006 report on servicing allocation;

That the Town reserves the right to revoke or re-allocate such servicing allocation at its sole discretion, should development not proceed in a timely manner;

That the Region of York be advised accordingly regarding the servicing allocation for this development;

That the applicant provide the Town with the required payment of 30% of the subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357);

That the Owner pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering;

And further that the draft plan approval for plan of subdivision 19TM-05020 will lapse after a period of three years commencing November 21, 2006, in the event that a subdivision agreement is not executed within that period.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to recommend approval of the proposed draft plan of subdivision (19TM – 05020) and implementing zoning by-laws for World Tech Construction Inc. (Mohammed Khan in Trust) for a plan of subdivision consisting of 6 single detached dwellings.

BACKGROUND:

The subject property is located within the South Unionville Planning District, east of Kennedy Road and on the south side of Helen Avenue (Figure 1). The site has an area of approximately 0.3 hectares (0.7 acres) and currently contains a single detached one storey dwelling and several mature trees. Surrounding land uses include detached residential dwellings to the north, fronting onto Helen Avenue, vacant lands to the south and residential dwellings on larger lots to the east and west. Further east of this site, east of Greenberg Gate are single detached dwellings under construction as part of phase 3 of draft approved subdivision 19TM-02005 (Swallow’s Nest).

PROPOSAL

The applicant is proposing the creation of 6 lots in order to accommodate 6 single detached residential dwellings. The dwellings are proposed to be 2 storeys in height with attached 2 car garages. The proposed lots will have frontages of approximately 10 metres (32.8 ft) and lot depths ranging from approximately 30 metres (98.4 ft) to approximately 34 metres (111.5 ft)(Figure 4).

Three of the proposed lots will front onto Helen Avenue and three lots will front onto Peshawar Avenue, once it is constructed through the site, as provided for in the South Unionville Community Structure Plan. The balance of the lands south of the Peshawar Avenue extension (approximately 0.17 acres in area) are intended to form part of a small neighbourhood parkette.

The lands to the east of this site, east of Greenberg Gate, are currently being developed as part of draft approved plan of subdivision 19TM 02005, with residential lots with similar lot areas and frontages, fronting onto Helen Avenue and Peshawar Avenue. The development of the subject lands would be consistent with the emerging pattern of development in the area.

OPTIONS/ DISCUSSION:

Conformity with Secondary Plan and Community Design Plan

The lands are designated both in the Secondary Plan and the Community Design Plan as “Urban Residential – Low Density” and “Park/Open Space” which reflects the location of the proposed parkette (Figure 4). The Secondary Plan permits a gross residential density of all units within the Low Density Housing Category of 14.8 units per hectare (6 units per acre), calculated across the Secondary Plan boundaries. The gross residential area for the purpose of calculating density includes residential lands, parks, school sites, church sites, neighbourhood commercial centers and local and collector roads and excludes valleylands and arterial roads. The proposed draft plan of subdivision is generally consistent with the policies in the Secondary Plan and Community Design Plan.

Zoning by-law amendments required

The subject lands are zoned Rural Residential One (RR1) under By-law 304-87, as amended. Amendments are required to delete the lands from By-law 304-87, and to incorporate the lands within the Town’s Urban Expansion By-law 177-96, as amended. The applicant has requested that the lands be re-zoned to R2*31 (Residential Two). This zone category contains development standards consistent with those applied to similar lots recently approved within the South Unionville area. The portion of the lands immediately south of Peshawar Avenue will be rezoned to OS1 (Open Space 1) to reflect the small neighbourhood parkette.

A HOLD (H) provision will be applied on lots 3, 4, 5 & 6 pending the construction of the extension of Peshawar Avenue through to Caboto Trail (Figure 4 & Appendix ‘B’). Although lot 3 fronts onto Helen Avenue, a HOLD will be placed on the lot to ensure that the 3 southerly lots will not be land-locked until such time when Peshawar Avenue is extended to Caboto Trail.

Servicing Allocation

This development will require a servicing allocation for six (6) units. Servicing allocation for these six (6) units is available from the 86 units assigned to the South Unionville Planning District in the February 22, 2005 resolution of Council, consistent with the Region’s approval of the Town’s interim solution for allocation on June 27, 2005. Written confirmation that servicing allocation is available will be required from the South Unionville Planning District Developers Group Trustee.

Developer’s Group Obligations

The applicant is a signatory to the Developer’s Group Agreement for the South Unionville Secondary Plan Area. As a condition of draft approval, the applicant will be required to provide a letter from the Trustee advising that the applicants have made arrangements to satisfy all obligations related to this plan, financial or otherwise, as set out in the Developer’s Group Agreement.

Tree Inventory and Preservation Plan

A tree inventory and preservation plan has been submitted by the applicant for review and approval by staff. Staff recommend that the proposed driveway locations be sited to preserve the existing trees that have otherwise been identified on the plan to be removed. Staff further recommend that should the applicant be unable to relocate the proposed driveway locations and preserve the trees, compensation be provided consistent with the value of the trees to be removed. Staff will take compensation for an equivalent tree canopy to be replaced on site, if feasible, or within the neighbouring parks. The applicant has agreed to explore the opportunity to relocate the proposed driveways and in the event that it is not possible, the applicant has agreed to provide compensation for the removal of the trees.

Technical studies required

Prior to final approval of the draft plan, the applicant will be required to submit a noise impact study, a functional servicing report and an archaeological assessment. The applicant will be required to make any revisions to the draft plan as requested by staff after review of these studies.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

The proposed plan of subdivision will contribute to the environment with the introduction of additional parkland into the South Unionville Community.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

This proposal aligns with the corporate goal of infrastructure management, building and managing the Town’s infrastructure to meet the demands and expectations of a growing community.

BUSINESS UNITS CONSULTED AND AFFECTED:

These applications have been circulated to internal departments and to applicable external agencies for comments. All comment/requirements have been incorporated into the conditions of draft approval and/or will be incorporated into the subdivision agreement.

RECOMMENDED BY:

________________________ ________________________

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

Director, Planning & Urban Design Commissioner, Development

Services

ATTACHMENTS:

Figure 1: Location Map

Figure 2: Aerial Photo

Figure 3: Zoning and Area Context

Figure 4: Draft Plan of Subdivision

Appendix ‘A’ – Conditions of Draft Approval

Appendix ‘B’ – Draft Zoning By-laws

APPLICANT:

World Tech Construction Inc.(Mohammed Khan in Trust)

191 Helen Avenue

Markham, ON

L3R 1J7

Tel: 905-944-0162

Fax: 905-944-0165

File path: Amanda\File 05 027340\Documents\Recommendation Report