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

SUBJECT: RECOMMENDATION REPORT

Winter Garden Estates Inc. (19TM-030015 Phase 2) and Home Sport Properties Ltd (19TM-040015), Box Grove Planning District. Plan of subdivision and implementing zoning amendment applications SU 03-116579 & ZA 03-116573, SU 04-028186 & ZA 04-028190

PREPARED BY: Marg Wouters, Senior Planner, East District, ext. 2758

RECOMMENDATION:

That the staff report entitled “Winter Garden Estates Inc (19TM-030015, Phase 2) and Home Sport Properties Ltd (19TM-040015), Box Grove Planning District, Plan of subdivision and implementing zoning amendment applications” dated June 20, 2006, be received;

That the two plans of subdivision and implementing zoning by-laws be approved as outlined below;

Winter Garden Estates Inc (19TM-030015 Phase 2)

That Phase 2 of draft plan of subdivision 19TM-030015 (SU. 03-116579) located east of 9^th Line, south of 14^th Avenue, submitted by Winter Garden Estates Inc, be draft approved subject to the conditions outlined in Appendix ‘A’;

That zoning amendment application (ZA 03-116573) to amend By-law 304-87, 194-82 and By-law 177-96, for lands east of 9^th Line, south of 14^th Avenue, submitted by Winter Garden Estates Inc, be approved and the draft implementing zoning by-laws attached as Appendix ‘B’ be finalized and enacted;

That servicing allocation for 230 units be granted to Winter Garden Estates Inc (19TM-030015, Phase 2) in accordance with the November 22, 2005 report on servicing allocation;

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

That the Town reserves the right to revoke or reallocate servicing allocation, should the development not proceed in a timely manner;

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

That the applicant provide to the Town the payment of all applicable fees, in accordance with the Town’s Fee By-law (2005-357);

And further that the draft plan of subdivision approval shall lapse after a period of three years commencing June 20, 2006, in the event that a subdivision agreement is not executed within that period.

Home Sport Properties Ltd (19TM-040015)

That draft plan of subdivision 19TM-040015 (SU-04-028186) located south of 6805 14^th Avenue, submitted by Home Sport Properties Ltd, be draft approved subject to the conditions outlined in Appendix ‘C’;

That zoning amendment application (ZA 04-028190) to amend By-law 304-87 and By-law 177-96, for lands south of 6805 14^th Avenue, submitted by Home Sport Properties Ltd, be approved and the draft implementing zoning by-laws attached as Appendix ‘D’ be finalized and enacted;

That servicing allocation for 49 units be granted to Home Sport Properties Ltd (19TM-040015) in accordance with the November 22, 2005 report on servicing allocation;

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

That the Town reserves the right to revoke or reallocate servicing allocation, should the development not proceed in a timely manner;

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

That the applicant provide to the Town the payment of all applicable fees, in accordance with the Town’s Fee By-law (2005-357);

EXECUTIVE SUMMARY:

Applications have been submitted by Winter Garden Estates Inc and Home Sport Properties Ltd for two abutting plans of subdivisions south of 14^th Avenue in the Box Grove Planning District.

The Winter Garden Estates plan of subdivision consists of 230 single-detached lots, two heritage dwellings and a parkette. The Phase 2 subdivision was originally submitted for draft plan approval by Balgreen Holdings Inc & Winter Garden Estates Inc as part of a larger subdivision, comprising a total of 690 residential units. Council approval was granted for a Phase 1 subdivision (457 units) in May, 2004, as servicing allocation was not available for the entire subdivision at the time.

The Home Sport Properties plan of subdivision consists of 49 single-detached lots. The plan of subdivision depends on the Winter Garden Estates Phase 2 subdivision for vehicular access.

Construction of the 9^th Line re-alignment is currently underway, and is expected to be completed by the summer of 2006, subject to the right-of-way for the Rouge Bank Drive extension being acquired by the Town. The purchase of the right-of-way as well as adjacent parkland necessary to complete the developer’s parkland obligations in the area is expected to be completed shortly.

The Environmental Assessment Study for the Markham By-Pass has been completed and is awaiting Ministry of Environment approval. A number of matters with regard to the Town Arterial Road (Markham By-Pass Link) right-of-way acquisition and construction remain to be determined.

A Phasing Plan has been prepared and the Phasing Agreement between the Town and the Developer’s Group has been executed and reflects most of the requirements of the Memorandum of Understanding (MOU) executed in June, 2002 between the developers, the Town and the Region. Most of the developer’s obligations within the MOU have been completed or are being addressed to the Town’s satisfaction. Sufficient servicing allocation has been assigned by Council to accommodate the proposed units in both subdivisions, but the issuance of building permits within the Winter Garden Estates subdivision is to be limited to 94 units, in accordance with the MOU and the Phasing Agreement, until the Markham By-Pass Link is operational.

The proposed plans of subdivision generally conform to the Secondary Plan and Community Design Plan. Staff are satisfied with the configuration of the draft plans of subdivision and recommend that the plans be draft approved, subject to the conditions of draft approval outlined in Appendix ‘A’ and Appendix ‘C’ and that the implementing zoning by-laws attached as Appendix ‘B’ and Appendix ‘D’ be finalized and enacted.

FINANCIAL CONSIDERATIONS:

Not applicable

The two plans of subdivision are located south of 14^th Avenue, east of 9^th Line within the Box Grove Planning District as shown in Figure 1.

Winter Garden Estates Inc (19TM-030015, Phase 2)

The subject lands comprise approximately 14.7 hectares (36.4 acres) of land east of 9^th Line and south of 14^th Avenue. Two heritage dwellings are located within the lands. The lands are bounded by the recently registered residential Phase 1 subdivision to the east, the proposed Home Sport Properties subdivision and 9^th Line to the west, and a stormwater management pond, 9^th Line By-Pass/Markham By-Pass Link and the CP rail line to the south. To the north, the lands are bounded by properties on 9^th Line and 14^th Avenue as well as the proposed Home Sport Properties subdivision (Figures 2 and 3).

Draft plan approval granted in 2004 for Phase 1 lands

The Phase 2 subdivision was originally submitted for draft plan approval by Balgreen Holdings & Winter Garden Estates as part of a larger 56 ha (138 ac) subdivision, comprising a total of approximately 690 residential units. Council approval was granted for only the 41 ha Phase 1 subdivision in May, 2004 as servicing allocation was not available for the entire subdivision at that time. Phase 1 included approximately 450 dwelling units, a school block, a neighbourhood park block, and a stormwater management pond. Phase 1 also included a portion of the 9^th Line re-alignment (future Markham By-Pass) south of 14^th Avenue. The Phase 1 subdivision was registered in its entirety in 2005 and is now under construction.

Proposed Phase 2 plan of subdivision

The proposed subdivision includes 224 new single-detached lots and 6 lots derived from 12 part lots, for a total of 230 units, as well as two existing heritage dwellings and a 0.4 ha (1.1 ac) parkette (Figure 4). The proposed residential mix/lot frontages are outlined below:

Unit Type	Frontage		No. of Units
Unit Type	Metres	Feet	No. of Units
Single-Detached	min. 11.6	min 38.0	53
Single-Detached	min. 12.8	min 42.0	90
Single-Detached	min. 13.7	min 45.0	14
Single-Detached	min. 15.2	min 50.0	67
Subtotal			224

Blocks
7 Blocks (part lots)	min 11.6	min 38.0	3.5
4 Blocks (part lots)	min 12.8	min 42.0	2.0
1 Block (part lot)	min 13.7	min 45.0	0.5
Subtotal			6.0
Total			230

The heritage houses are being accommodated within the plan of subdivision on two blocks in the vicinity of the parkette. A future development block is shown at the northeast corner of Riverwalk Drive and 9^th Line. This block consists of a remnant sliver of land between the Riverwalk Drive right-of-way and an existing property fronting 9^th Line, and contains a number of mature trees. It is recommended that this block be conveyed to the Town as a landscape buffer, and the draft plan revised accordingly.

Home Sport Properties Ltd (19TM-040015)

The lands consist of approximately 3.3 hectares (8.2 acres) located on the south side of 14^th Avenue, east of 9^th Line. These lands were severed from a larger property at 6805 14^th Avenue. The lands are currently vacant and there are no significant environmental features on the subject lands (Figures 2 & 3).

The subject property is bounded to the west by properties fronting 9^th Line, consisting of single-detached dwellings and the Box Grove Community Centre which include a tennis court and park. The lands are bounded to the north by existing single-detached dwellings fronting 14^th Avenue, and to the east and south by proposed single-detached lots within the proposed Winter Garden Estates Phase 2 plan of subdivision.

Proposed plan of subdivision

The applicant is proposing to construct 43 single-detached units, and 6 lots derived from 12 part lots, for a total of 49 units. A 7m wide walkway, abutting the Community Centre lands, provides a pedestrian connection between the northern and southern portions of the property (Figure 5).

Lot frontages range from 11.6 metres to 15.7+ metres. The larger lots abut the existing single-detached dwellings on 9^th Line to the west and on 14^th Avenue to the north. The distribution of the proposed lots is described in the table below:

Unit Distribution
Unit Type	Frontage			No. of Units
	Metres		Feet
Single-detached	11.6		38.0	9
Single-detached	12.8		42.0	12
Single-detached	13.7		45.0	4
Single-detached	15.7+		51.5+	18
Subtotal				43
Future units from blocks (12 part lots)	11.6-13.7	38.0-45.0		6
Total Units 49

The plan of subdivision is dependent on the Winter Garden Estates Phase 2 subdivision for vehicular access.

Applicants are signatories to the Developers Group Agreement A Developers Group Agreement is in place for the Box Grove Area to secure community facilities including parkland and schools, and to compensate the landowners on whose properties the community facilities are located. The applicants of both plans of subdivision are signatories to the Developers Group Agreement.

Phasing Plan has been prepared and the Phasing Agreement has been executed

In May 2004, Council endorsed the Box Grove Community Phasing Plan subject to revisions. This Phasing Plan reflects the requirements of the Secondary Plan and the Memorandum of Understanding (MOU) between developers in the Box Grove area, the Town and the Region of York, dated June 13, 2002, which outlined the obligations of the parties towards transportation and servicing improvements for the Box Grove community. A Development Phasing Agreement for the Box Grove area, between the Town and the Box Grove developers, which formalizes appropriate items identified in the Secondary Plan, MOU and the Development Phasing Plan was executed on June 30, 2005.

Acquisition of required road and parkland are expected in the near future

The 9^th Line re-alignment is critical to the continued development of the Box Grove area. While the majority of this road has been constructed, the Region of York has indicated that it will not allow this road to become operational until Rouge Bank Drive has been extended to a signalized intersection at the re-aligned 9^th Line to provide the residents of the Legacy community with direct access to the re-aligned 9^th Line. However, construction of the Rouge Bank Drive extension has been delayed since the required right-of-way for this road traverses a non-participating owner’s property. The Town, in cooperation with the Developers Group, is in the final stages of negotiating the purchase of the necessary land from the property owners. It is expected that the lands can be acquired and the 9^th Line re-alignment can be completed during the summer of 2006.

As part of the purchase of the right-of-way, the Town will also be acquiring a parcel of parkland of approximately 1.1 ha (2.8 ac) necessary to complete the Community Park and satisfy the parkland requirements in the Box Grove area.

Proposed plans of subdivision generally conform to Secondary Plan and Community Design Plan

The lands within both the proposed draft plans are designated in both the Secondary Plan and the Community Design Plan as Urban Residential – Low Density II. The distribution of housing types, density and layout of roads within the draft plans of subdivision are generally consistent with the land use designation and established street pattern in the Secondary Plan and the Community Design Plan (Figure 6).

The density within the two subdivisions is consistent with the required density range of 17-37 units per net hectare (6.8-14.9 units per net acre) in the Secondary Plan.

Permitted Density

Proposed Density

Winter Garden Estates

Home Sport Properties

17 to 37 units per net ha

(6.8 to 14.9 units per net acre)

21.5 units per net ha

(8.7 units per net acre)

20.0 units per net ha

(8.09 units per net acre)

Housing type mix targets contemplated by the Secondary Plan have been modified Appendix 1 to the Secondary Plan, which is not an operative part of the Plan, sets housing type mix targets of 77% low density housing and 23% medium density housing for the Secondary Plan area. The Community Design Plan refined those housing type mix targets, in part through the elimination of Community Amenity Area II lands which would have contained medium density housing, to accommodate the final alignment of the employment collector road located north of 14^th Avenue. The proposed housing mix within the subject plans of subdivision and Phase 1 of the Winter Garden Estates subdivision (approximately 93% low density housing and 7% medium density housing) is generally consistent with the distribution of residential land use categories (which determines the housing types) in the Community Design Plan.

Opportunities for additional medium density housing types south of 14^th Avenue remain in the lands east of Tributary A, which are not yet subject to development applications. These lands are designated Community Amenity I which provides for medium density as well as low density forms of housing.

Proposed development is compatible with Box Grove Hamlet

Both proposed plans of subdivision are compatible with the existing development within the Box Grove Hamlet along 9^th Line and 14^th Avenue, as required in the Secondary Plan. The Box Grove Secondary Plan stipulates that in reviewing applications for development on lands abutting the Low Density I designation (i.e., the Box Grove Hamlet), the Town shall have regard for compatibility in terms of built form and character, and will ensure that impacts related to overshadowing, privacy and amenity, including the loss of mature vegetation, are minimized. The Secondary Plan also stipulates a maximum height of 2.5 storeys for all new development within the Low Density II designation which abuts the Low Density I designation.

The proposed Winter Garden Estates Phase 2 subdivision abuts one existing lot on 9^th Line and a number of existing lots on 14^th Avenue. The Home Sport Properties subdivision abuts a number of lots on 9^th Line and 14^th Avenue. In order to provide an appropriate interface between the proposed residential lots and the existing residences fronting 9^th Line and 14^th Avenue, both plans include wider and deeper lots abutting the Box Grove Hamlet (Low Density I) properties. The lots abutting 9^th Line properties are at minimum 15.2m wide (50ft) in comparison to the interior lots, most of which have frontages ranging from 11.6m to 12.8 metres (max. 42 ft.). These lots are also approximately 33.5m (110ft) deep compared with a depth of 32.0m (105ft) in the interior of the subdivisions.

In addition, the lot depths of the existing properties on 9^th Line provide an additional buffer between the smaller new lots and the existing larger lots. The rear yards of existing properties on 9^th Line and 14^th Avenue, which abut the proposed subdivisions, range from approximately 15m to 37m (50 to 120 ft) in depth. Most properties on the east side of 9^th Line have rear yards in excess of 20 metres (66 feet) which would mitigate any overshadowing or visual impact concerns. The developer will be required to provide appropriate privacy fencing along rear yards abutting existing properties, in consultation with the abutting property owners.

With respect to 14^th Avenue, wider and deeper lots (45+m) have also been provided in the Home Sport Properties subdivision. The most northerly lots within the Winter Garden Estates Phase 2 subdivision have smaller frontages (13.7m or 45ft) but they are separated from properties on 14^th Avenue by a 17m public road.

The maximum height requirement of 2.5 storeys is generally equivalent to the typical single-detached homes which are intended to be developed within these subdivisions. The applicants have also indicated that bungalows will be offered within these subdivisions. In order to ensure conformity with this requirement in the Secondary Plan, a height maximum of two storeys for lots abutting existing properties on 9^th Line and 14^th Avenue is included in the implementing zoning by-laws for the proposed subdivisions.

Backlotting addressed in Community Design Plan and Architectural Controls

Although backlotting is not considered to be a desirable condition, a limited amount of backlotting (11 lots) at the south end of the Winter Garden Estates Phase 2 plan along existing 9^th Line, is considered acceptable, in consideration of engineering constraints associated with grading and servicing. The approved Community Design Plan and Architectural Control Guidelines for the Box Grove area, provide for consistent rear yard fencing for all backlotted units to ensure a consistent quality of detail, and upgraded rear elevations. In addition, opportunities may exist for additional landscaping along existing 9^th Line. The requirements for the provision of rear yard fencing for all of the backlotted lots, and provision for landscaping the east side of 9^th Line are included in the conditions of draft approval.

Most obligations of the Memorandum of Understanding have been met

As noted earlier, the Owners, together with other developers in the Box Grove area, entered into a Memorandum of Understanding (MOU) with the Town and the Region of York outlining obligations of the parties towards transportation and servicing improvements for the Box Grove community. To date the obligations have been addressed by the developers as follows:

Municipal water has been installed to the property line of each remaining lot in the existing Box Grove Hamlet.
Oversizing of sanitary sewers to accommodate existing properties in the Box Grove Hamlet has been designed and submitted to the Town for approval.
Construction of the 9^th Line re-alignment is currently underway, and is expected to be completed by summer of 2006, subject to the right-of-way for the Rouge Bank Drive extension being acquired by the Town (as discussed above).
Sufficient employment lands are available within approved and proposed developments in the area which, when combined with employment lands expected to be available to the east, will satisfy the obligation in the MOU and the Secondary Plan that 42.5 ha (105 acres) of employment lands be provided within the Box Grove Planning District.
With the approval of the existing applications for draft plan approval, on the north and south sides of 14^th Avenue, and the imminent acquisition of parkland from a non-participating landowner as discussed above, all the required parkland required for the Box Grove area and agreed to with the area developers will be available.
A financial contribution of $500,000 to the Town by the developers will have been submitted in full once a small draft approved plan of subdivision on the south side of 14^th Avenue is registered.

The Box Grove developers are also obligated to construct a road that could form part of the Markham By-Pass, which is discussed in further detail below.

The EA Study for the Markham By-pass has been completed and is awaiting MOE approval; the detailed design of the By-Pass will not affect lotting

The Region of York has completed the “Individual Environmental Assessment for Transportation Improvements in the Markham By-Pass Corridor South of Highway 407” (Markham By-Pass EA). This Study includes the realignment of 14th Avenue to provide for an at-grade intersection with the Markham By-Pass extension near the CP Rail with protection for an ultimate grade separation of 14th Avenue over both the Markham By-Pass and the CP Rail. The EA Study was submitted to the Ministry of the Environment (MOE) on December 23, 2005 for formal review as required under the Ontario Environmental Assessment Act (EAA). Timing of final approval is uncertain at this time. The detailed design of the Markham By-Pass is not expected to affect lotting in the Winter Garden Estates Phase 2 subdivision.

The Town Arterial Road is required to support the build out of the subject Plan

The Secondary Plan identifies a route alignment and a 20 metre right-of-way for a Town Arterial Road from the realigned 9^th Line where it meets the CPR Havelock Line northeast to the Highway 407/Markham By-Pass ramp/interchange. This route alignment is expected to be shared with the alignment of a portion of the Markham By-Pass, subject to its confirmation as the most appropriate route through the Environmental Assessment Study. It is expected that construction of the Markham By-Pass, if approved by the MOE, will not be initiated until 2012 or later. In the interim the area Developers Group will be required to construct the Town Arterial Road, subject to the Town acquiring the necessary right-of-way from non-participating owners. The necessary land acquisition is to be financed through Town Wide Development Charges. Based on the current transportation study for the area the completion of the Town Arterial Road is required to support the full build out of the Box Grove area. Building permit restriction until this road is built is discussed in greater detail below.

A number of matters with regard to the Town Arterial Road right-of-way acquisition and construction remain to be determined

A number of matters with regard to the Town Arterial Road right-of-way acquisition and construction remain to be determined. Although staff have initiated discussions with regard to the acquisition of the land necessary to complete the right-of-way for the Town Arterial Road from two non-participating landowners, the timing of land acquisition is not certain. The properties in question are not currently part of a plan of subdivision process, which may necessitate an Environmental Assessment process for one or both parcels of land. Further, since the lands are already part of the Environmental Assessment process for the Markham By-Pass the Town’s ability to carry out a separate EA process for the same properties at this time must also be determined.

Another possibility is to obtain the necessary lands as a condition of a future subdivision approval. In the Spring 2006 servicing allocation distribution staff is recommending that 150 units of allocation be assigned to the Box Grove Trustee to facilitate the development of a key parcel of land which will contain a segment of the Town Arterial Road. An application for this parcel has not been submitted but it is hoped that the availability of servicing allocation would provide the incentive and encourage the submission of an application.

Further, the Town in consultation with the Region of York and the Box Grove developers must also determine whether to proceed as per the MOU with an interim two lane rural road or, in order to avoid “throw-away” costs, construct the ultimate four lane road consistent with the future Markham By-Pass. Finally, the future intersection alignment of 14^th Avenue with an interim two lane or ultimate four lane road and the C.P Railway track has to be finalized and additional lands east of the C.P.R may be required to construct a safe intersection.

Sufficient servicing allocation is available to accommodate both plans

Sufficient servicing allocation (1,365 units) for the first Phase of development in Box Grove, including Phase 1 of the Winter Garden Estates subdivision, was granted in 2004.

On November 29, 2005, Council approved a water and sewage allocation strategy for the Town, including the Box Grove Secondary Plan area, which assigned sufficient allocation to complete development within all Phase 2 lands, including the Winter Garden Estates plan and the Home Sport Properties plan, to the Box Grove Developers Group Trustee.

The Phasing Agreement between the Town and the Developers’ Group executed in June 2005, which was based on the principles established in the MOU, provide that servicing allocation over and above the initial 1365 units is subject to the 9^th Line re-alignment being completed and operational by December 31, 2006 and the Town Arterial Road being designed and constructed no later than December 31, 2007, subject to the necessary right-of-way being available.

As noted above, the 9^th Line re-alignment is expected to be completed this summer but the timing of completion of the Town Arterial Road remains uncertain.

As discussed below, full build-out of the applicant’s residential lands in the area will not be permitted until the Town Arterial Road is completed, pursuant to the MOU.

Building permits will be limited to 80% of the units within the applicant’s ownership

The MOU and the Phasing Agreement provides that no Group member (with the exception of certain small landholdings specified in the Phasing Agreement) shall receive building permits for more than 80% of the total number of units within their ownership until the Town Arterial Road (Markham By-Pass Link) is fully constructed, including across non-participating owner(s) lands, (subject to the acquisition of such non- participating owner’s land by the Town), provided such 80% release of lands for development can be supported by transportation analysis.

The transportation study submitted for the Box Grove area provides that the Markham By-Pass Link will be required to support the build-out of all the Phase 2 lands. An update of the Transportation Study will be required prior to the registration of the final 20% of the applicants land holdings in the area.

Within the Box Grove area, Winter Garden Estates Inc owns residential lands that will accommodate, according to currently submitted plans, approximately 690 units. Therefore, the zoning of 136 units within the Phase 2 plan of subdivision will be subject to a holding provision which will prevent the issuance of building permits until the Markham By-Pass Link is completed.

Home Sport Properties own only the lands within subdivision 19TM-040015, and therefore the zoning of 10 of the 49 proposed lots within the subdivision was intended to be subject to the same hold provision. However, staff are of the opinion (and the primary developers in the Box Grove area agree) that the number of lots being withheld in the Winter Garden Estates Phase 2 subdivision, and the 258 units being withheld within the Box Grove Hill Developments Inc. et al subdivisions on the north side of 14^th Avenue, are sufficient to ensure compliance with the MOU regarding the construction of the Town Arterial Road (Markham By-Pass Link), and that withholding 20% of the lots within the much smaller Home Sport Properties subdivision would be onerous for that developer. Two small subdivisions in the Phase 1 approvals in Box Grove were exempted from the same MOU requirement for the same reason through the Phasing Agreement. Therefore, staff recommend that the Home Sport Properties subdivision be exempted from the requirement that building permits for 20% of their lots be withheld until such time as the Town Arterial Road (Markham By-Pass Link) is constructed.

Certain site-specific technical studies remain to be completed

The applicants will be required to provide an updated Traffic Impact Study and Internal Functional Traffic Design Study prior to the full build out of the Box Grove area. A servicing study and a detailed noise study will need to be completed, to the satisfaction of the Town, prior to registration of any phase.

Issued identified in the Preliminary Reports and Public Meetings have been addressed

Issued identified in the January 20, 2004 Preliminary Report and at the February 17, 2004 Public Meeting (Winter Garden Estates) and the January 25, 2005 Preliminary Report and at the March 22, 2005 Public Meeting (Home Sport Properties) have been addressed as follows:

Winter Garden Estates

Heritage houses are being preserved in original locations

The designated heritage dwellings at 7447 and 7449 9^th Line (the Josephus Reesor House and Josephus Reesor Tenant House, respectively) are being preserved in their original locations within the proposed Winter Garden Estates Phase 2 plan. Provisions for the retention of these houses in their original locations and the restoration of the houses were included in the subdivision agreement for Phase 1, and any outstanding requirements will be satisfied prior to the registration of Phase 2.

Tree preservation south of 14^th Avenue

A row of mature trees south of 14^th Avenue has been preserved in a parkette abutting the elementary school in the Balgreen & Winter Garden Phase 1 subdivision.

A concern was expressed at the Public Meeting with regard to the potential loss of trees to the north of Riverwalk Drive near 9^th Line. As discussed above, the trees in question are located within a block at the northeast corner of 9^th Line and Riverwalk Drive (Block 240) which staff are recommending be conveyed to the Town as a landscape buffer block.

Compatibility with existing properties on 9^th Line

A concern was expressed at the Public Meeting by the owner of an abutting property on 9^th Line that lots abutting existing properties on 9^th Line should be at minimum18m (60ft) wide to act as a buffer between the smaller 12.5m (41ft) lots in the proposed development and the larger lots on 9^th Line. As discussed above, the draft plans have been revised to include lots with 15.2-15.7m (approx. 50 ft) frontages abutting 9^th Line properties. The owner’s property will abut one new lot in each of the proposed subdivisions. The larger lot sizes and the depth of the owner’s rear yard (approximately 30m or 98ft), as well as the rear yard setback of the new lots (minimum 7.5m or 25ft), will provide sufficient buffer between the new and existing development. As mentioned above, the developer will be required to provide appropriate privacy fencing along rear yards abutting existing properties in consultation with the abutting property owners.

Through-traffic to By-Pass from 9^th Line south of 14^th Avenue

A concern was expressed that the road pattern in the proposed Phase 2 plan would encourage traffic to use 9^th Line south of 14^th Avenue, as an alternate means of accessing the 9^th Line By-Pass (future Markham By-Pass). Riverwalk Drive and four local streets south of Riverwalk Drive (Streets ‘4’, ‘5’, ‘6’ and, to a lesser extent, Street ‘9’) provide access to the 9^th Line By-Pass via Fieldside Street. These streets also provide alternative routes to the elementary school and neighbourhood park on the south side of Riverwalk Drive.

The Town’s approach to traffic management includes the provision of a grid network of streets that provide multiple travel routes to allow traffic to disperse through communities and prevent congestion. The road layout is in keeping with this principle. Once the 9^th Line realignment is operational traffic volumes on existing 9^th Line south of 14^th Avenue will be significantly reduced. The majority of the southbound traffic on 9^th Line south of 14^th Avenue is likely to be generated by the Legacy community. A recent traffic analysis showed that these volumes would be very low. Staff recommend that traffic management measures such as signage (prohibition of through-movements, etc) or reductions in the speed limit be used to address this matter if it becomes an issue after construction and occupancy of the subdivision.

Potential impact to existing dwellings on west side of 9^th Line from headlights on local streets intersecting with 9^th Line

An additional concern regarding the local roads south of Riverwalk Drive was the potential impacts of headlights from vehicles travelling westbound on Street ‘5’ to existing 9^th Line, on the property on the west side of 9^th Line directly across from Street ‘5’. The applicant has agreed to provide adequate landscape screening to eliminate or substantially reduce potential impact of headlights on any property where warranted. This requirement is included as a condition of draft approval.

Home Sport Properties

Community walkway provides north/south pedestrian connectivity

At the Public Meeting, Committee suggested that the feasibility of a walkway abutting the Community Centre lands, linking Streets ‘1’ and ‘3’, be investigated. A 7 metre wide walkway abutting the Community Centre lands is now included in the Draft Plan. This walkway provides connectivity between the northern and southern portions of the subdivision and the larger community.

Interface between existing tennis courts and proposed residences

Committee suggested attention be given to the appropriate interface between the existing tennis courts and the proposed residences, to reduce potential noise and illumination impacts. The 7m wide walkway block noted above will provide a buffer between the tennis courts and the proposed lots to the east of the tennis courts. In addition, the applicant will be required to undertake landscape buffer planting and privacy fencing on the existing park lands to provide an additional buffer to these lots and also to the lots to the north and south of the Community Centre lands. In addition, a warning clause will be added to the purchase and sale agreements for these lots, to advise the purchasers of the nearby tennis court operation. These requirements are included in the conditions of draft approval attached as Appendix ‘C’.

Proposed building height abutting existing residential development is appropriate

A concern was expressed at a subsequent community meeting, by the owner of a property on 9^th Line which abuts the subdivision, that the proposed grading of the subdivision lands would result in dwelling heights greater than the existing development along 9^th Line, resulting in overshadowing and a negative visual impact.

The applicant has provided a cross-section of proposed lots abutting the lot in question on 9^th Line. The cross-section shows a grade differential between the proposed lots and the existing lot, which is occupied by a one-storey dwelling. The grade differential is resolved towards the rear of the proposed lots resulting in the front of the house appearing as a conventional two-storey dwelling, and rear of the house appearing as a conventional two-storey dwelling but with a partially raised basement. Nine of the 16 lots in the Home Sport Properties subdivision abutting 9^th Line north of the community centre, will have this grade differential.

Staff are satisfied that the resulting height of the dwellings still conform to the 2.5 storey height maximum in the Secondary Plan where new development abuts the Low Density I (Box Grove Hamlet) designation. As mentioned previously, a height maximum of two storeys for lots abutting existing properties on 9^th Line and 14^th Avenue is included in the implementing zoning by-laws for the proposed subdivisions. In addition, the depth of the rear yards of the existing properties on 9^th line (approximately 30m or 98ft for the lot in question), as well as the rear yard setback of the new lots (minimum 7.5m or 25ft), will mitigate any expected height issues arising from grade differentials. As also mentioned, the applicant has indicated that bungalows will be offered within the subdivision.

Provision of sanitary sewer connections to properties on 9^th Line and 14^th Avenue

Questions were raised as to whether there is an opportunity for sanitary sewer connections to be provided to existing properties within the Box Grove Hamlet. Certain properties on the west side of 9^th Line, north of 14^th Avenue were provided with sanitary sewer connections through the construction of the Minto subdivision (Legacy). In that subdivision, the developer up-fronted the cost of extending the sanitary sewers to the rear of the properties with the existing homeowners reimbursing the developer, through the Town, upon connection to the services.

The MOU does not require the developers to provide a sanitary sewer connection to existing homes within the Box Grove Hamlet, but does require the oversizing of sanitary sewers to accommodate existing properties within the Box Grove Hamlet.

Staff within the Engineering Department have determined that while it may be possible to provide sanitary services to some of the existing properties through sewers within the proposed developments, many other existing residents cannot be accommodated. Staff are of the opinion that to serve existing residences, sanitary sewers should be installed on 14^th Avenue and 9^th Line through a Local Improvement initiative or under Section 391 of the Municipal Act. This is considered to be the most equitable way of dealing with the servicing needs of all property owners in the area because the cost of such servicing is normally paid for by the individual property owners through property taxes over a period of time and the more properties that are involved in the Local Improvement process, the lesser the cost to any individual property owner. In this manner, all existing residences are treated equally.

A feasibility study is currently underway within the Community Services Commission for a preliminary design and cost evaluation of providing a sanitary sewer system in the Box Grove Hamlet.

Drainage

A concern was expressed regarding the poor drainage on the lands. The storm drainage from this site is required to conform to the overall stormwater management program within the approved Functional Servicing Plan and Environmental Master Drainage Plan for the Box Grove Secondary Plan. The subject lands are designed to drain to a stormwater management pond in the Box Grove Secondary Plan area. Submission of a stormwater management report, outlining how stormwater will be dealt with specifically on the subject lands, is included as a condition of draft approval.

Density

Although density was identified as an issue in the Preliminary Report, it has been confirmed that the proposed density, net of the public roads (as specified in the Secondary Plan), falls within the density range specified in the Secondary Plan. The calculation in the Preliminary Report was based on a definition of gross density.

Proposed implementing zoning by-law amendments

Amendments are required to delete the subject lands from rural area By-law 304-87 and to incorporate the subject lands within the Town’s Urban Expansion Area By-law 177-96.

The proposed zoning for the plans of subdivisions under By-law 177-96 will include the following:

Residential Two (R2) zone category for all single-detached lots, with exceptions for matters such as driveway widths and building heights;
Hold ‘H’ provision related to the construction of the Markham By-pass Link will be applied to 136 units within the Winter Garden Estates subdivision.

These zone categories/exceptions will contain development standards consistent with those proposed on similar lots on other proposed plans of subdivision in the vicinity and current Town standards.

Zoning of future development block within Balgreen Holdings & Winter Garden Estates Phase 1 included in proposed by-law

The Winter Garden Estates implementing zoning by-law also includes zoning for a future development block fronting 14^th Avenue in Phase 1, being Block 377, 65M-3853. Although part of the original Balgreen & Wintergarden implementing zoning application (and considered at the Public Meeting in February, 2004), Block 377 was not included in the Phase 1 zoning by-law as servicing allocation was not available. The subdivision agreement for 65M-3853 includes a requirement that servicing capacity and building permits for Block 377 will only be available through the combining of the lands with the abutting Oxnard (formerly Ibrans) subdivision to the east (19TM-04001, Phase 2). The block is intended to be developed with townhouses.

Servicing allocation for all Phase 2 lands in Box Grove is now available. Allocation approval for Block 377 will be recommended as part of the draft approval of the abutting subdivision to the east, 19TM-04001 Phase 2, which is anticipated to be brought forward for Council consideration in the fall. As Block 377 was included in the original zoning application for both Phase 1 and Phase 2, and as it remains in the applicant’s ownership, it is recommended that the block be included in the proposed Phase 2 zoning by-law, with a hold provision pending approval of servicing allocation through 19TM-04001 Phase 2.

The Winter Garden Estates zoning by-law will also reflect minor changes to zone boundaries in Phase 1 as a result of changes to the Phase 1 draft plan subsequent to the approval of the Phase 1 zoning by-law (e.g., changes to the storm pond boundaries).

Draft amending zoning by-laws for the proposed plans of subdivision are attached as Appendix ‘B’ and Appendix ‘D’.

Conclusion

Staff recommend that the plans of subdivision be draft approved, subject to the conditions of draft approval attached as Appendix ‘A’ and Appendix ‘C’, and that the implementing zoning by-laws contained in Appendix ‘B’ and Appendix ‘D’ be finalized and enacted.

Blocks

Subtotal

Total

Proposed plan of subdivision

Proposed implementing zoning by-law amendments