DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Nick Pileggi, extension 4480

Senior Planner, South District

 

 

 

 

DATE OF MEETING:

February 21, 2006

 

 

 

 

SUBJECT:

RECOMMENDATION REPORT

Forest Bay Homes Ltd.

Official Plan Amendment and rezoning applications to permit a semi-detached and townhouse development on condominium roads on the north side of Denison Street, west of Markham Road. 

 

 

(File: OP 03-117651, ZA 03-117641)


 

RECOMMENDATION:

THAT  the staff report entitled “Recommendation Report, Forest Bay Homes Ltd., Official Plan Amendment and Rezoning applications to permit a semi-detached and townhouse development on condominium roads on the north side of Denison Street, west of Markham Road” be received (File: OP 03-117651, ZA 03-117641);

 

THAT the Official Plan Amendment application (OP 03-117651) submitted by Forest Bay Homes Ltd. for lands on the north side of Denison Street, west of Markham Road, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;

 

THAT the Rezoning application (ZA 03-117641) to amend By-law 90-81 as amended, submitted by Forest Bay Homes Ltd. to permit a semi-detached and townhouse development on condominium roads on the north side of Denison Street, west of Markham Road, be approved and the draft Zoning By-law attached as Appendix ‘B’, be finalized and enacted;

 

AND THAT approval of the required Site Plan application be delegated to the Director of Planning and Urban Design, or her designate. 

 

PURPOSE:

The purpose of this report is to recommend approval of the proposed Official Plan amendment and zoning by-law amendment applications by Forest Bay Homes Ltd. to permit a semi-detached and townhouse development on condominium roads, on the north side of Denison Street, west of Markham Road, and to recommend that site plan approval for the proposed development be delegated to staff.

 

BACKGROUND:

Subject lands and area context

The subject lands comprise approximately 4.0 hectares (9.9 acres) of a 7.8 hectare (19.4 acre) parcel north of Denison Street, west of  Markham Road (Figure 1).  The 7.8 hectare parcel is identified as a commercial block (Block 554) on the predominantly residential plan of subdivision 19T-89126 which was draft approved in 1994.  All lots and blocks within 19T-89126 have been registered with the exception of Block 554, which is currenly in the process of being registered.

     

Development applications were submitted for three separate parcels within Block 554 as follows and as shown in Figure 4:

·        commercial development, consisting of a gas station (Petro Canada) and drive-through restaurant (Tim Hortons) were approved and are now in operation, at the northwest corner of Denison Street and Markham Road;

·        a four storey, 52-unit apartment building is proposed to the north of the commercial development noted above, on the west side of Markham Road; and

·        The subject parcel which comprises the westerly portion of Block 554, on the north side of Denison Street, is proposed to contain 133 semi-detached and townhouse units on private roads.

 

This report deals only with the Official Plan and rezoning applications for the semi-detached and townhouse development.   The proposed development is also subject to site plan approval.  The applications for the apartment to the east will be addressed shortly in a separate report. 

 

The subject lands, with approximately 155 metres of frontage on Denison Street, are currently vacant.  Surrounding land uses include low density residential development and a commercial plaza to the south across Denison Street, low density residential development to the west, and low density residential and a contractors yard to the north (Figures 2 and 3).  To the east, fronting onto Markham Road, are the above noted gas station and restaurant development as well as the  vacant lands under review for the four-storey apartment project.

 

Proposal consists of freehold linked, semi-detached and townhouse units on private roads

The proposal is for a total of 133 semi-detached units (attached and linked) and townhouse units with access from private roads.  Specifically, the breakdown consists of 66 semi-detached linked dwellings (linked underground), 58 semi-detached dwellings and 15 townhouse dwellings.  Proposed lot frontages are approximately 15 metres (49 ft) for the semi-detached lots and 7.1 to 14 metres (23-46 feet) for townhouse lots.  The proposed density is 33 units per hectare (13.4 units per acre) which is consistent with the density provisions in the Official Plan for medium density developments. 

 

The proposed development will be in the form of a common elements condominium, with only the roads and services held by the condominium corporation.  Lot creation is anticipated to be completed through a part-lot control exemption by-law and reference plan after site plan approval.

 

DISCUSSION

Markham Road Corridor Study vision approved in June, 2003

The subject lands were within the study area of the Markham Road Corridor Study, which was initiated in 2002 to develop an urban design vision for the Markham Road corridor between 14th Avenue and Steeles Avenue.  The resulting vision, adopted by Council in June, 2003, includes urban design guidelines for development along Markham Road.  The subject lands were included in the study as part of the larger block which had frontage on Markham Road.  As the subject lands comprise only the interior portion of this block, with no frontage on Markham Road, the urban design guidelines do not apply.

 
Official Plan and Zoning by-law amendments are required

The subject lands are designated Community Amenity Area in the Armadale East Secondary Plan (PD-24-2), which provides for a mix of commercial, recreational and institutional uses as well as medium and high density residential uses in appropriate locations.  The proposed semi-detached dwellings do not comply with the Community Amenity Area designation in terms of built form, but the proposed density (33 units per hectare, or 13.4 units per acre) is within the density range of the Medium Density designation in the Official Plan and the Armadale East Secondary Plan.

 

The proposed development is considered appropriate at this location.  Semi-detached residential development will act as an appropriate built form transition between the existing low density development to the west and the commercial and proposed higher density residential development to the east along Markham Road.  The density proposed for this development is higher than the average density for typical semi-detached development, and this higher density is appropriate for this property which has access from a major collector (Denison Street) and is close to an arterial road (Markham Road).  A draft Official Plan Amendment to designate the lands Urban Residential in the Official Plan and Urban Residential – Medium Density in the Secondary Plan is attached as Appendix ‘A’.

 

The subject lands are zoned Community Commercial (CC) in By-law 90-81, as amended, which permits only a shopping centre.   A draft amendment to Zoning By-law 90-81 to permit the proposed residential development is attached as Appendix ‘B’.  

 

Issues in the January 20, 2004 staff report, March 2, 2004 Public Meeting and March 29, 2004 Public Information Meeting have been addressed

Concerns raised in the preliminary staff report, Public Meeting and a subsequent Public Information Meeting, and in correspondence, are addressed below.

 

Integration of the commercial, apartment and semi-detached condominium sites

No vehicle access between the subject semi-detached/townhouse site and the commercial and apartment sites to the east are proposed or required.  An access from the proposed semi-detached/townhouse development to the commercial and apartment sites would potentially interfere with internal traffic circulation on these sites, or cause undesired infiltration from the commercial sites through the proposed residential development.  However, pedestrian connections between the semi-detached/townhouse development and the commercial development to the east are provided.

 

Further, a future road connection to Golden Avenue, through the property to the north, should it be redeveloped, has been protected for in the conceptual site plan, as requested by Committee members.  In addition, the proposal provides for the extension of an existing walkway to the north which will allow pedestrian access from this development to Connery Crescent and ultimately the community park and public elementary school near the intersection of Highglen and Brando Avenues.

 

Traffic impact study completed and recommendations implemented

A traffic impact study for all three applications on Block 554 was submitted at the time of the approval of the commercial development at the Markham Road/Denison Street intersection.  Recommended improvements to Denison Street (including a realignment of the intersection) have been completed as part of the commercial development to the east.  Any further improvements required on Denison Street will be reviewed and secured through the site plan approval process. 

 

The traffic study prepared for all three development parcels concluded that the traffic volumes resulting from the proposed development would not warrant a traffic signal at the intersection of Marydale Avenue and Denison Street.  However, an additional access to Denison Street has been included on the conceptual site plan to address the concern raised by residents at the public meetings that all traffic from the proposed development would flow to the intersection of Marydale Avenue and Denison Street.  The secondary restricted-moves access is proposed near the westerly limit of the subject lands.  Concerns regarding this access, due to the proximity to the proposed full moves access, have been raised by the Transportation Department.  The feasibility of this access will be addressed through site plan review process.

 
Stormwater management requirements have been addressed

A concern was expressed by the public that alteration of the site would cause flooding on adjacent properties.  Currently, lands to the north and west drain onto Block 554.  A stormwater management report has been prepared to identify stormwater drainage design for the proposed developments within Block 554 as well as any required revisions to the storm drainage plan and overland flow routes for the larger subdivision.  A final revised stormwater management report, incorporating modifications agreed to with the applicant, is to be submitted and any requirements arising from it will be addressed as conditions of site plan approval.  The adjoining properties should not experience stormwater impacts as a result of this development.

 

Potential implications of vacant land condominium

The proposed development was initially intended to be developed as a vacant land condominium, and staff were requested to provide more information about this relatively new type of condominium.   The proposed development is now intended to be developed as a common elements condominium, in which only the roads and services are held in condominium tenure.   The individual lots and dwellings will be held in freehold tenure.  

 
Servicing Allocation

On November 22, 2005, Development Services Committee approved a new servicing allocation strategy.  The proposed 133 unit development was granted 16 allocation units through the November 22, 2005 report.  The balance of the allocation required for this development was transferred from allocation on other lands owned by the applicant. 

 
Delegation of site plan approval to staff recommended

It is recommended that the Official Plan and zoning by-law amendments attached as appendices to this report be approved.  Although a detailed concept plan has been reviewed as part of the Official Plan and rezoning application process, a site plan application has not been submitted and the applicant has advised that the site plan application is currently being prepared. Staff recommend that, as the proposed development consists of a medium density residential built form, and is not located on an arterial road, authority for site plan approval be delegated to staff. 

 

FINANCIAL CONSIDERATIONS:

None at this time.

 

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

 

ACCESSIBILITY CONSIDERATIONS:

Conformity with the accessibility guidelines will be reviewed prior to site plan approval.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

All Town departments and external agencies have been circulated with these applications and all comments have been considered in this report. 

 

 

 

 

 

 

 

 

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

Director of Planning & Urban Design

 

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

Commissioner of Development Services

 

 


DOCUMENT FILE PATH:

Q:\Development\Planning\APPL\ZONING\03 116709 Forest Bay Denison\semis\Final_DSC_ report_ semis_ 7_ feb_ 061.doc

APPENDIX FILE PATH: Q:\Development\Planning\APPL\ZONING\03 116709 Forest Bay Denison\semis\OPA denison semis.doc

Q:\Development\Planning\APPL\ZONING\03 116709 Forest Bay Denison\semis\by-law denison semis.doc

ATTACHMENT FILE PATH:

Q:\Geomatics\New Operation\2005 Agenda\ZA\ZA03117641

 

ATTACHMENTS:

Figure 1: Location Map

Figure 2: Area Context/Zoning

Figure 3: Aerial Photo

Figure 4: Composite Plan

 

Appendix A – Draft Official Plan Amendment

Appendix B – Draft Zoning By-law

 

APPLICANT:             Forest Bay Homes Ltd

                                                1151 Denison   Street, Unit 18

                                                Markham, ON

                                                L3R 3Y4

 

AGENT:                                 Stephen Armstrong                                           Tel: 416-332-7548

                                                Armstrong Goldberg Hunter                              Fax: 905-882-2069

9251 Yonge Street                                          

                                                Suite 302

                                                Richmond Hill, Ont.

                                                L4C 9T3                                 

                                               

FIGURE 1: LOCATION MAP