Report to: Development Services Committee Date of Meeting: June 20, 2006

SUBJECT: RECOMMENDATION REPORT

Angus Glen Farm Ltd. & Angus Glen Golf Club Ltd.

Applications for Secondary Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision

Angus Glen Community – West Village

File Nos: OP.03-112028, SU.03-109045 & ZA.03-109048

PREPARED BY: Stephen Kitagawa, Senior Planner, extension 4530

RECOMMENDATION:

That Phase 1 of draft plan of subdivision 19TM-030004, prepared by G.E. Hanson Designs, dated April 21, 2006, 2004, to permit 173 single detached lots, 57 townhouse units and 120 apartment units, on the south side of Major Mackenzie Drive, east of Glenbourne Drive, be approved subject to the conditions of draft plan approval as set out in Appendix ‘C’ to the staff report dated June 20, 2006;

That the Director of Planning and Urban Design be directed to issue draft approval when the following requirements have been complied with:

· That the Owner shall enter into an agreement with the Town, applying specifically to the Phase 1 apartment block (Block 351, Plan 19TM-030004), which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject block, until the following conditions have been met:

The Owner obtains sufficient servicing capacity to the satisfaction of the Region of York and Town of Markham.
Site Plan approval has been issued.

That the Secondary Plan Amendment application submitted by Angus Glen Farm Ltd. & Angus Glen Golf Club Ltd. for lands on the south side of Major Mackenzie Drive, east of Glenbourne Drive, be approved and the draft Secondary Plan Amendment attached as Appendix ‘B’ be finalized and adopted;

That the application submitted by Angus Glen Farm Ltd. & Angus Glen Golf Club Ltd. to amend Zoning By-laws 177-76 and 304-87, as amended, be approved, and the draft by-law attached as Appendix ‘A’ to the staff report dated June 20, 2006, be finalized and enacted;

That the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

That Angus Glen Farm Ltd. & Angus Glen Golf Club Ltd. be granted a servicing allocation of 230 units, in accordance with the February 15, 2005 and November 22, 2005, reports on servicing allocation;

That the Town reserves the right to revoke or reallocate the servicing allocation for this development;

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

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

And further that the draft plan approval for plan of subdivision 19TM-030004 will lapse after a period of three years commencing the date of issuance of draft approval, in the event that a subdivision agreement is not executed within that period.

EXECUTIVE SUMMARY:

The 49.59 hectare (122.53 ac.) property is located on the south side of Major Mackenzie Drive, east of Glenbourne Park Drive (Figure 1). The West Village is to be connected to the East Village by a bridge crossing located at the south end of the community. The subject property has 3 heritage dwellings to be preserved.

Staff initially reported to Development Services Committee in May 2003. The original submission proposed only conventional single detached lots (no rear lanes) and two apartment blocks. Staff indicated that the proposal was a departure from the East Village, which is primarily lane based product. In addition to taking issue with the departure from the established design of the East Village, the following concerns were outlined in the report:

Walkway required through the West Village
Confirmation of environmental buffer requirements
Parkland dedication
Existing sanitary sewer conflicts with lotting pattern
Studies were still outstanding

A public meeting was held in June 2003. Following the public meeting, a revised plan was submitted to staff comprising of a mix of conventional product, lane based townhouses, lane based singles and the two apartment blocks. A second report was submitted to Development Services Committee in August 2005, and a second statutory public meeting was held on November 8, 2005, due to the extent of the proposed changes to the plan. Similar issues outlined in the initial report were also outlined in the second report. The following concerns were raised at the public meetings:

· The size of lots adjacent to Glenbourne Park Drive

· Type of and design of the proposed apartment buildings

· Access to Glenbourne Park Drive

· Bridge crossing

· Need for additional retail within the community

Elimination of the vehicular connection to Glenbourne Park Drive
Potential traffic congestion
Views and designs of the proposed apartments
Potential loss of rural character

The current Phase 1 draft plan submission comprises 339 single detached units (70 lane based and 269 conventional product), 60 lane based townhouses, 120 garden apartments, 122 condominium townhouses and 252 apartment units. The garden apartments are located in the southeast quadrant of the draft plan adjacent to the golf course. The second apartment block is surrounded by the condominium townhouses and is located on the south side of Major Mackenzie Drive, east of the Stollery Pond. In addition, the plan has 3.2 hecatres (8.0 ac) of parkland and 3.84 hecatres (9.50 ac) of valley and buffer lands.

The submission includes applications to amend the Secondary Plan and Zoning By-law and an application for approval of a draft plan of subdivision for Phase 1 of the proposed draft plan of subdivision. Phase 1 includes 173 single detached lots (70 lane based, 103 conventional product), 57 townhouse units and 120 apartment units.

Staff from internal departments and external agencies have reviewed the applications and worked with the applicant to alleviate issues and concerns identified in the preliminary reports and at the Public Meetings. Staff are now in a position to recommend approval of the Secondary Plan Amendment, rezoning and conditional approval of the application for draft plan approval. The following concerns have been resolved to the extent possible or covered through the proposed conditions of draft approval:

Walkway required through the West Village
Parkland dedication
Reconfiguration of the Stollery Pond
Sufficient servicing allocation to permit draft approval of Phase 1
Construction of the Angus Glen Boulevard bridge crossing connection to the East Village as part of Phase 1.

Staff acknowledge that including both conventional and lane based housing products adds to the mix and variety of housing types available in the community, and on this basis, together with an acceptable community design, have accepted the conventional product.

FINANCIAL CONSIDERATIONS:

Not applicable

Property and Area Context

The 49.59 hectare (122.53 ac.) property is located on the south side of Major Mackenzie Drive, east of Glenbourne Park Drive (Figure 1). Adjoining the property are:

Rural Residential Estate lots to the west and south
York Downs Golf and Country Club to the south
Bruce Creek, traversing through the Angus Glen Golf Club to the east
The Angus Glen East Village to the east, across Bruce Creek
Angus Glen Community Centre to the north, across Major Mackenzie Drive

The subject lands are adjacent to the Bruce Creek, which is a well-defined valley system traversing through the lands to the east. A small tributary with a man made pond (Stollery pond) is located in the northeast quadrant of the draft plan of subdivision. There is a substantial amount of vegetation on the lands surrounding the Stollery pond, consisting of mature trees and undergrowth. The majority of the remaining lands have been used for agricultural purposes and have no significant vegetation.

The subject property contains three heritage buildings and other structures, as follows:

Georgian cottage (estimated date of construction 1876-1900). 1 1/2 storey, vertical board and batten house. Listed on the Markham Inventory of Heritage Buildings, but not yet designated (see no. 1 on Figure 4).
Peter Stoeber (Stiver) house (estimated date of construction 1840-1860). 1 1/2 storey, fieldstone house which is presently designated under Part IV of the Ontario Heritage Act (see no. 2 on Figure 4).
Casely house (construction date 1870). A two-storey, red brick, stretcher bond house. Listed on the Markham Inventory of Heritage Buildings, but not yet designated (see no.3 on Figure 4). The Casely House is the only heritage dwelling within the first phase.
Two barns of no heritage significance (Nos. 4 & 5 on Figure 4).
A garage and two bungalows with no heritage significance (see nos. 6 (garage), 7 and 8 on Figure 4)

The subject lands comprise the West Village, Block 316 of the Original Draft Approved Plan.

The Region of York originally approved draft plan of subdivision 19T-95026 on May 7, 1996, with 3 phases of residential development comprising 746 residential units (single-detached and townhouse units).

Three future phases of development were also draft approved as blocks. These future phases were identified as Blocks 303 (Phase 4), Block 302 (Phase 5) and Block 316 (West Village). Blocks 303 (Phase 4) and 302 (Phase 5) have now been registered.

West Village to include variety of residential lots and building types

The applicant has submitted a draft plan comprising of 339 single detached units (70 lane based and 269 conventional product), 60 lane based townhouses, 120 garden apartments, 122 condominium townhouses and 252 apartment units. The garden apartments are located in the southeast quadrant of the draft plan adjacent to the golf course. The second apartment block is surrounded by the condominium townhouses and is located on the south side of Major Mackenzie Drive, east of the Stollery Pond. In addition, the plan has 3.2 hecatres (8.0 ac) of parkland and 3.84 hecatres (9.50 ac) of valley and buffer lands.

The West Village and East Village will be connected by the Angus Glen Boulevard bridge crossing located at the southern end of the community. The character proposed for the West Village is somewhat different from the East Village. It will have a neighbourhood focal point with lane based product, but then transition out to more conventional product and larger lots. Adjoining the Devils Elbow Community to the west, are 0.12 ha (0.30 ac) lots which will provide a transition from the West Village. The majority of the units in the West Village are conventional product representing a departure from the East Village which is comprised mostly of lane based product. Originally the West Village proposal included only conventional product. However, revisions were made to introduce lane-base products around the central neighbourhood focal point. Staff acknowledge that including both conventional and lane based housing products adds to the mix and variety of housing types available in the community, and on this basis, together with an acceptable community design, have accepted the conventional product.

Actual unit counts for the East and West Village exceeds Secondary Plan

The Angus Glen Secondary Plan projected 1,250 dwelling units. The majority of the East Village is built out and comprises 636 units. The West Village projects 893 units. The total unit count for the East and West Village is 1,529 units which exceeds the Secondary Plan projection by 279 units. The Secondary Plan has been amended to reflect the increase in dwelling units.

Phase 1 of the draft plan of subdivision includes a mix of singles, lane based townhouses and an apartment site

Phase 1 of the draft plan of subdivision proposes 103 single detached (conventional), 70 single detached (lane based) dwellings and 57 lane based townhouses. The plan includes 6 park/parkette blocks (1.662 ha/4.106 ac) and a 0.648 ha (1.60 ac) stormwater management pond. The plan also includes a 1.29 ha (3.18 ac) High Density apartment site comprised of 120 units. The apartment site does not have any servicing allocation. The zoning for this Block will be appended with a Holding provision and the Owner is required to enter into a “no pre-sales agreement”, pending assignment of additional servicing allocation and site plan approval.

TABLE 2 – West Village, Phase 1
		Area		Net Density
	Units	Ha	Ac
Gross Site Area		22	54.36
Streets		5.27	13.04
Lanes		0.68	1.68
0.3 Reserves		0.0005	0.011
Walkway		0.049	0.121
Buffer		0.269	0.665
SWM pond		0.648	1.602
Parkettes		1.662	4.106
Singles (lane based 10.7m/35 ft	36
Singles (lane based) 13.1m/43ft	34
Singles 15.2m/50ft	36
Singles 18.2m/60ft	21
Singles 21.3m/70ft	13
Singles 22.8m/75ft	8
Heritage Dwelling 22.8m/75ft	1
Singles – Special lots (0.3 ac)	24
Total Singles	173	12.17	30.08
Townhouses (lane based)	57	1.596	3.94
Total (singles and townhouses)	230	13.406	33.12	17.1 uph	6.9 upa
Garden Apartments	120	1.291	3.189	92.95	37.62

Official Plan and Zoning

The Angus Glen Secondary Plan designates the lands Low Density Residential, Low Density – Special Control, High Density Residential, Medium Density Residential and Hazard Lands.

Amendment/revisions required to comply with Secondary Plan

The applicant has submitted an application to amend the Secondary Plan to accommodate the following proposed revisions to the land use schedule. The proposed amendment covers all phases of the plan.

Redesignate the Medium Density block located south of Major Mackenzie Drive, west of the Stollery pond, to Low Density Residential.
Provide an exception to permit townhouses with direct frontage on private streets. This provides for the future condominium townhouses surrounding the High Density site on the south side of Major Mackenzie Drive.

· Redesignate the lands containing the Peter Stoeber (Stiver) house (Part of Lot 20, Concession 5) from Low Density Residential to Community Amenity 1, and to include an exception that restricts the permitted uses on the lands to a spa or single-detached dwelling only.

· Introduce the Neighbourhood Commercial Centre as a commercial category within the Secondary Plan (see below).

Redesignate the lands containing the Casely house (Part of Lot 19, Concession 5) from Low Density Residential to Neighbourhood Commercial Centre, and to include an exception that restricts the permitted uses on the lands to a convenience store or a single-detached dwelling only.
Deletion of a road connection to the existing rural residential development to the west (pedestrian walkway proposed). The vehicular connection to the Devils Elbow Community was deleted from the plan following resident concerns and replaced with a pedestrian walkway.
The proposed 4 lots adjacent to the 2 existing lots in the Devils Elbow Community to the west, are designated Low Density Special Control requiring a minimum lot size of 0.12 ha (0.30 ac.) and other design related restrictions. The proposed lots at the northwest corner of the draft plan do not meet the minimum lot size and require an exception. The proposed lots have frontages ranging from 15.2 m (49.8 ft) to 16.4 m (53.8 ft) and a minimum lot area of .05 ha (0.145 ac).
to delete Schedule ‘AA’ DETAILED LAND USE of the Secondary Plan and replace it with a new Schedule ‘AA’ amended to reflect the changes that have been made to the draft plan of subdivision as proposed by the applicant. The revised schedule will update Schedule ‘AA’ and incorporate all of the above changes.

The Phase 1 densities of 17.1 units per hectare/6.94 units per acre for the single detached and townhouse dwellings and the 92.95 units per hectare/37.62 units per acre for the garden apartment site comply with the Low Density and High Density provisions in the Official Plan.

The lands are currently zoned Rural Residential Estate, Agriculture 1 and Open Space by By-law 304-87. A zoning by-law amendment is required to implement the draft plan of subdivision.

Staff initially reported to Development Services Committee in May 2003. As noted previously in this report, the original submission included only conventional single detached lots (no rear lanes) and two apartment blocks. Staff indicated that the proposal was a departure from the new urbanism design of the East Village, which is mostly lane based product. In addition to taking issue with the departure from the established design of the East Village, the following concerns were outlined in the preliminary report.

Connection to the Devils Elbow Community: Residents expressed a concern with the vehicular and pedestrian connection through the West Village

Confirmation of the environmental buffer requirements: At that time, the TRCA had not yet confirmed that the buffer provided was satisfactory.

Parkland dedication: The size and location of the proposed park spaces had not yet been rationalized in relation to unit counts and parkland dedication requirements.

Existing sanitary sewer conflicts with lotting pattern: In March 2003, a sanitary sewer was constructed to service the Angus Glen Community Centre. Portions of the sewer conflicted with the lotting pattern.

Various studies were still outstanding: Prior to draft approval, the submission of various studies was required.

A public meeting was held in June 2003. The following is a review of concerns raised at the meeting and plan changes or staff response to each:

The size of the lots adjacent to Glenbourne Park Drive: Residents expressed a concern regarding the size of the lots adjacent to the Devils Elbow community. Staff advised at the Public Meeting that lots adjacent to the Devils Elbow Community (except 4 lots at the north end of the plan), will be 0.12 hectares (0.30 ac) to provide a transition to existing community. The proposed 4 lots have a have frontages ranging from 15.2 m (49.8 ft) to 16.4 m (53.8 ft) and a minimum lot area of .05 ha (0.145 ac).

The type and design of the proposed apartment buildings: Residents expressed a concern regarding the design and height of the apartment buildings. Site plan approval is required for the apartment buildings and the site plan and elevations will be approved by the Town. A 4 storey height restriction has been incorporated into the by-law. Staff indicated that the Secondary Plan provides for the apartment sites, and the proposal complies with the high density requirements.

Access to Glenbourne Park Drive: Staff indicated that although the road connection is shown in the Secondary Plan, the applicant has removed it from the proposed draft plan and has requested an amendment to permit a pedestrian connection.

Bridge crossing: Residents from the East Village requested that they be kept informed on the proposed bridge crossing. Staff indicated that the Angus Glen Boulevard bridge, crossing the valley, will be a full two lane road and will be a requirement in the first phase. No further servicing capacity will be allocated until the bridge is constructed.

The bridge crossing is shown in the Angus Glen Secondary Plan and is required to provide connectivity between the East and West Village.

Need for additional retail within the community: Two possible retail opportunities are now proposed. A provision for a spa and a convenience store have been incorporated into the Secondary Plan. The spa could locate in the heritage Peter Stoeber (Stiver) house. It will not be zoned at this time as it is part of a future phase. Zoning permissions for a convenience store is appended to the Casely house property within the first phase. A similar provision was incorporated into the East Village, but was never utilized.

The applicant revised the draft plan and incorporated lane based singles and townhouses, in addition to the large lot product and apartment blocks. In August 2005, staff reported back to Development Services Committee and recommended that a second statutory Public Meeting be held, due to the extent of the proposed changes to the plan.

A second statutory public meeting was held on November 8, 2005. The following is a review of concerns raised at the public meetings and plan changes or staff response to each:

Elimination of the walkway to Glenbourne Park Drive

Concern was raised with respect to the proposed walkway to Glenbourne Park Drive. Staff indicated that the Secondary Plan originally had a road connection from Glenbourne Park Drive to the West Village. The road connection was eliminated due to resident concerns expressed earlier in the process. A walkway replaces the road connection which will continue to provide connectivity to each of the communities. The applicant’s traffic consultant reviewed the deletion of the Glenbourne Park Drive road connection and found it to be satisfactory. Staff are satisfied with the deletion of the road connection to Glenbourne Park Drive, but recommend the walkway for pedestrian connectivity.

There was also discussion with respect to the need for a second signalized access to Major Mackenzie Drive, however, the applicant’s Traffic Impact Study indicates that no other collector or minor road connections are necessary to the bounding arterial roads.

The applicant’s traffic study is currently under review by staff, should any revisions be required as a result of the study, the plan will have to be red-lined.

Potential for traffic congestion

A concern was raised with respect to possible traffic and congestion that may be generated by the proposed residential draft plan on surrounding roads. A Traffic Impact Study has been submitted and is being reviewed by the Town. The report indicates that no one individual local road or laneway approaches the upper end of the acceptable daily and peak hour traffic volumes. At full build out, the site and surrounding roads must function at a good level of service.

Views and designs of the apartment buildings

Residents of the East Village expressed concern with the proposed garden apartments located at the southeast quadrant of the draft plan and the apartments proposed on the south side of Major Mackenzie Drive. The apartment blocks are provided for in the Angus Glen Secondary Plan, although the applicant has requested that part of the block on the south side of Major Mackenzie Drive, be redesignated from Medium Density to High Density.

The apartment sites have not been granted any servicing allocation capacity. The applicant has indicated that the garden apartment site will contain two 4 storey buildings. The garden apartments within Phase 1, adjacent to the golf course are approximately 170 metres from houses in the East Village and through the site plan approval process, staff will ensure that the massing, location and building designs are appropriate. No site plan submissions have been made to staff at this time.

The garden apartments will be zoned and draft approved as part of Phase 1. However, the site will be appended with a Holding provision which will not be removed until sufficient servicing capacity is allocated, while the draft zoning by-law (attached as Appendix A) limits the garden apartment to 4 storeys. The Owner will also be required to enter into a “no pre-sales” agreement with the Town, whereby they agree not to pre sell any units in Block 351 until sufficient servicing capacity has been allocated. Staff are satisfied that an acceptable site plan for the garden apartments can be submitted expeditiously once servicing capacity becomes available. Staff have no concerns with draft approving the garden apartment site, subject to the Holding provision and the applicant entering into a “no pre-sales” agreement.

The apartments adjacent to Major Mackenzie Drive are not part of the applicant’s Phase 1 and will not be zoned at this time. The applicant has proposed two 8 to 10 storey buildings. This site is approximately 200 metres from the houses in the East Village. Staff will deal with this proposal as part of Phase 2 of the draft plan of subdivision.

Loss of the rural character

The Angus Glen Secondary Plan was approved in 1994 and provides for urban development including single detached dwellings, townhouses and apartments. Excluding the 4 lots located at the northwest quadrant of the draft plan, which require an amendment to the Secondary Plan, the proposed lots adjacent to the rural residential estate lots to the west, have a lot area of 0.12 ha (0.3 ac) with frontages ranging from 19 m (62 ft) to 33 m (110 ft). This will provide a transition to larger rural residential estate lots.

Walkway required

In June 2001, Angus Glen Golf Property Ltd. and Angus Glen Farm Ltd. executed a site plan agreement for the expansion of an additional 18 hole golf course. As a requirement of the site plan approval, Angus Glen is required to include a public access route adjacent to the Bruce Creek valley-lands. The site plan agreement for the golf course contains conditions requiring the owner to pay for, design, construct and convey or dedicate a walkway system on the south side of Major Mackenzie Drive through the West Village plan, abutting the valley system. The Owner is required to construct the walkway at the time of construction of the West Village Plan. Where the walkway comes away from the valley and enters the municipal road allowance, the owner is required to provide an enhanced environment to accommodate the walkway system.

The walkway is proposed adjacent to the municipal right-of-way on Angus Glen Blvd. and Street J, extending to Major Mackenzie Drive. A portion of the walkway will also extend through the open space and parks (Figure 5). The applicant expressed a concern that providing the walkway through the valley would create a conflict between the golf course and walkway. Therefore, the majority of the walkway is proposed to be within the municipal right-of-way (Figure 5). The 10 metre buffer, adjacent to the valley will be dedicated to the Town and although it will not be a formal walkway, it will be accessible to the public.

The sidewalk on the east side of Angus Glen Boulevard and Street J, will be enhanced by the installation of a double row of trees. The Angus Glen Boulevard right-of-way will not be widened, however a second row of trees will be planted on private lands to form a sheltering canopy over time.

This double row of trees will extend from the proposed stormwater management pond at the south end of the plan, northward to Major Mackenzie Drive and eastward along Street J which connects to the Stollery Pond. It will connect through a buffer block at the intersection of Major Mackenzie Drive and Angus Glen Boulevard.

Stollery Pond to be reconfigured

In response to a requirement by the TRCA, the applicant is proposing to reconfigure the Stollery Pond in order to re-establish a free flowing water course which would continue across the golf course and into the Bruce Creek. This will entail removing the existing piped section through the golf course. The pond is still proposed to be utilized as a storm water management pond. The proposal is satisfactory to the TRCA and the Town.

The Toronto and Region Conservation Authority are satisfied with buffer

These applications have been circulated to the TRCA for comment. The provision of the 10 metre buffer adjacent to Bruce Creek has been provided to the satisfaction of the TRCA. An environmental buffer block, approximately 19 metres wide, extending from the Casely house to the valley block adjacent to Major Mackenzie Drive, is provided to the west of the Stollery Pond.

Parkland dedication

The size and location of the proposed park spaces have been reviewed in relation to unit counts and parkland dedication requirements.

The applicant is required to provide 1.17 hectares (2.89 ac) of parkland for Phase 1 (including the 120 garden apartment units), whereas, the applicant has provided approximately 1.46 hectares (3.60 ac)(this does not include the parkettes to be deleted). The proposal is over dedicated for Phase 1 by 0.293 hectares (0.72 ac) which will be credited towards Phase 2.

The applicant is proposing a series of parkettes connecting the two neighbourhood parks. However, due to a grade difference between the two parks, the connecting parkettes are not appropriate in this instance. There is approximately a 10 metre grade difference between the two parks and the only solution would be to increase the size of the parkettes or introduce stairs. The Town’s Operations Department has concerns with respect to maintenance, snow clearing and possible liability issues relating to the stairs. Therefore, the applicant is required to red-line the draft plan to delete the parkettes.

Additional parkland will be required within Phase 2 (to meet overall parkland requirements) as a result of the deletion of the parkettes. Staff have requested that the parkland be re-located adjacent to the proposed park Block 355 which will open up the view to the valley/golf course.

Tree preservation

Phase 1 is primarily open farm fields with small clusters of trees scattered throughout. There are no notable trees which are designated for preservation with the first phase. Phase 2 contains a large wooded area surrounding the Stollery Pond and will be incorporated into the plan as open space/parkland. A large mature tree has also been incorporated into a small parkette in Phase 2.

Sufficient servicing allocation to permit draft plan approval of Phase 1

As set out in the February and November 2005 servicing allocation reports, Council approved 300 units for allocation to Angus Glen Developments. The applicant redistributed 70 units of servicing allocation to the Kylemore Post Homes project (north side of 16^th Avenue, west of Kennedy Road) and is utilizing the remaining 230 for Phase 1 of the Angus Glen West Village.

The allocation is part of a larger regional allocation to the Town, approved by Regional Council in June of 2005. The draft plan has sufficient allocation for the 230 low density units in the first phase.

As a condition of the 300 units of servicing capacity, the Owner is required to construct the bridge crossing as part of their phase 1. A condition of draft approval has been incorporated to require the construction of the bridge.

As noted previously in this report, the garden apartments are being draft approved and zoned, subject to a Holding provision which will not be removed until sufficient servicing capacity is allocated. As a precondition to draft approval, the owner will enter into an agreement not to “pre-sell” any of these units (until servicing capacity is available).

In February, 2005, Markham Council endorsed a proposed flow control option intended to bring the Town’s sewage allocation to a point that would match its current water allocation. Regional Council approved the flow Control option in June 2005.

The applicant will be required to pay $100 per unit as their proportionate share for the cost of the Highway 48 Flow Control System, which is required to create the sanitary sewer capacity for this project.

Sanitary Sewers

In March 2003 a sanitary sewer was constructed within the West Village located generally along the edge of valley lands to service the Angus Glen Community Centre, on the north side of Major Mackenzie Drive. The applicant indicates that a portion of the sewer line conflicts with some of the proposed residential lots and will have to be abandoned.

Draft zoning by-law

The attached draft zoning by-laws incorporate the subject lands into appropriate residential zone categories within By-law 177-96. The following are the exceptions that have been incorporated into the zoning by-law amendment:

Provisions to permit attached rear garages for the lane based townhouse units. The applicant indicated that the majority of the townhouse units will have detached garages, however, they expect approximately 5 to 10 % of the townhouses to have attached garages, similar to what was constructed in the East Village.

The draft zoning by-law includes a provision to permit a convenience store in the first storey of the Casely House (see number 3 on Figure 4), in addition to residential uses. Retail uses will be limited to100 m² (1,076 ft²) of the first storey. Should a retail store occupy the house, it will be exempt from parking provisions. Patrons are expected to either walk to the convenience store on use on street parking.

An exception to restrict the height of the ‘Special Lots’ (to 2 storeys, whereas the Residential One zone could possibly permit 3 storeys) adjacent to the Devils Elbow Community. The draft by-law restricts the and to require a minimum lot area of 0.12 hectares (0.30 ac) is incorporated into the by-law amendment.

The garden apartments are appended with a Holding provision and are restricted to a maximum of 4 storeys.