DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning and Urban Design

 

 

 

 

PREPARED BY:

Markham Centre Team

Dave Miller, Co-ordinator Special Projects ext. 4960

 

 

 

 

DATE OF MEETING:

December 6, 2005

 

 

 

 

SUBJECT:

RECOMENDATION REPORT

Sky Homes (formerly Caster Developments Inc.) and Centennial Community Baptist Church

8232 McCowan Road and part of 8176 McCowan Road

Draft Plan of Subdivision and Zoning By-law Amendment

19TM-040002 File Nos. SU 04 009913 and ZA 04 009915


 

 

 

RECOMMENDATION

That the report dated December 6, 2005, entitled “Recommendation Report, Sky Homes (formerly Caster Developments Inc.) and Centennial Community Baptist Church, 8232 McCowan Road and part of 8176 McCowan Road, Draft Plan of Subdivision and Zoning By-law Amendment, 19TM-040002 File Nos. (SU 04 009913 & ZA 04 009915) ” be received.

 

That the draft plan of subdivision prepared by Templeton Planning Limited, dated May 24, 2005 and revised November 1, 2005, and attached as Figure 4, be approved, subject to the conditions of Draft Plan Approval attached as Appendix ‘A’, the execution of a comprehensive subdivision agreement and revisions to the draft plan including the following redline revisions:

 

i)                    provide a 7.5 metre radius on the right-of-way at the intersection of South Unionville Avenue and Street ‘A’;

ii)                   align the westerly leg of Laneway ‘A’, across South Unionville Avenue, with Rembrandt Drive;

iii)                 re-label Block 37 as “Future Private Access”;

iv)                 provide a 0.3 metre reserve across the South Unionville Avenue street line, including adjacent to lot 18 and blocks 32, 33 and 41;

v)                  provide a widening across the full frontage of the site where it abuts McCowan Road of sufficient width to provide a minimum of 18 metres from the centreline of construction of McCowan Road;

vi)                 provide a 0.3 metre reserve across the full frontage of the site where it abuts McCowan Road;

vii)               provide a 0.3 metre reserve across the frontage of Block 37 along the Street ‘A’ street line; and

viii)              indicate the Regional Storm Flood elevation line of 172.3 metres above sea level.

 

AND THAT servicing (sewer and water) allocation for 41 units be granted to the Draft Plan of Subdivision 19TM-040002 (SU 04 009913) per Council’s November 29, 2005 resolution;

 

AND THAT the Town reserves the right to revoke or reallocate such servicing allocation should construction not proceed in a timely manner;

 

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

 

AND THAT the Owner pay the required subdivision processing fees in accordance with the Tariff of Fees By-law, prior to the issuance by the Town of the stamped draft approved plan and conditions of approval;

 

AND THAT prior to final approval of the plan of subdivision, the Centennial Community Baptist Church execute an amended site plan agreement to reflect the changes to their property, including changes to the parking lot;

 

AND THAT the rezoning application (ZA 04 009915) submitted by Sky Homes and Centennial Community Baptist Church to implement the proposed plan of subdivision be approved and the implementing amendments to By-laws 304-87 and 177-96, attached as Appendix ‘B, be enacted.

 

PURPOSE

The purpose of this report is to discuss and make recommendations on subdivision and zoning applications to permit a 53 lot low density residential subdivision.  The report identifies issues associated with these applications and recommends conditions of draft approval and an amending zoning By-law.  The conditions of draft plan approval are attached as Appendix ‘A’ and the amending By-law is attached as Appendix ‘B’.

 

BACKGROUND

 

Location and Site Characteristics

This 4.28 ha (10.58 acre) site is located within the South Unionville Community.  (See Figure 1 - location map.)  Surrounding land uses are as follows:

 

North –

existing plan of subdivision (single family dwellings) and open space

East –

2 existing single family dwellings, the Rouge River and valley and McCowan Road

South –

existing place of worship (Centennial Community Baptist Church)

West –

existing plan of subdivision (single family dwellings)

 

Area context and surrounding zoning is shown on Figure 2.

 

The site, which is crossed by the Rouge River, is generally flat with some vegetation (see Figure 3 – aerial photo).  Most of the mature vegetation on the site is located within the Rouge River floodplain and proposed environmental buffer.  This vegetation will be preserved as part of the proposed open space block (see Figure 4 – proposed Draft Plan of Subdivision – Block 44 – Open Space), which will be conveyed into public ownership.  There is an existing dwelling on the site, which has driveway access to McCowan Road.  The dwelling, which is proposed to be demolished, is located adjacent to the Rouge River top of bank.  The dwelling sits on lands, that will be dedicated into public ownership, to be used primarily as buffer and a small portion of road allowance.

 

Sky Homes is assembling the site through the proposed purchase of lands from the Centennial Community Baptist Church
Sky Homes owns approximately 3.45 hectares (8.52 acres) of the proposed subdivision and, subject to purchase and sale conditions, will acquire approximately 0.84 hectares (2.08 acres) of land from the Centennial Community Baptist Church at the time of registration.  The church will retain approximately 1.03 hectares (2.55 acres) and will add Block 54, approximately 0.05 hectares (0.12 acres), to its site from the Sky Homes holdings.  At the conclusion of the land transfers the church site will be approximately 1.08 hectares (2.67 acres) [1.03 + 0.05 = 1.08]. 

 

Sky Homes has proposed a low density residential subdivision

Sky Homes is proposing to develop the lands as a low density residential subdivision. (See Figure 4 – Proposed Draft Plan of Subdivision.)  The draft plan is comprised of 31 single detached lots, 2 townhouse blocks (Blocks 32 and 33) and two blocks (Blocks 34 and 35) that will be combined with lands from the adjoining subdivision to the northwest (65M-3246) to create 12 single detached lots.  Each townhouse block will have 5 units, for a total of ten townhouse units.  The proposed subdivision will yield 53 units, comprised of 43 single detached units (including 11 part-lots and 1 block) and 10 townhouse units.

 

Block 34, which is located on the northwest corner of Annina Crescent and Street ‘A’, will be combined with Block 169, Plan 65M-3246, to create one residential building lot.  Block 35 will be divided into 11 part-lots.  These 11 part-lots will be combined with  Blocks 170 to 180 inclusive, on the adjoining plan of subdivision (Plan 65M-3246) to create 11 single detached dwelling building lots.  Blocks 170 to 180 on Plan 65M-3246, are located on the southeast side of Annina Crescent.   Sky Homes owns Blocks 169 to 180 inclusive.

 

TABLE 1 – UNIT COUNT SUMMARY

 

UNIT TYPE

NUMBER OF UNITS

 

Single Detached

31

 

Townhouses

10 (2 block of 5 units)

 

Part-lots*

12

 

TOTAL UNITS

53

 

 

*Part-lots to be combined with existing part-lots on Plan 65M-3246, owned by Sky Homes

 

To create the 11 part-lots from Block 35 a part-lot control exemption By-law will be required

To divide Block 35 into 11 part-lots, so they can be combined with the existing Blocks on Plan 65M-3246, to create 11 single detached dwelling building lots, a part-lot control exemption By-law will be required after registration.  Only after a part-lot control exemption By-law has been passed by Council, can the part-lots be created and combined with the adjoining Blocks on the subdivision to the northwest (Blocks 170 to 180 inclusive, Plan 65M-3246), to create single detached residential building lots.  These lots will front onto the existing portion of Annina Crescent.

 

Lands for access and future development are being reserved to be combined with the lands north of the church site

A 0.06 hectare (0.15 acre) Future Development Block (Block 36) and a 8.5 metre (27.9 foot) wide 0.02 hectare (0.05 acre) Future Access Block (Block 37) will be retained by Sky Homes.  It is intended that Block 36, will be combined with the lands immediately north of the church site (8192 and  8202 McCowan Road), to regularize these properties and provides for a future comprehensive development application of all three parcels.  Block 37 will provide an alternative point of access to the future development block and 8192 and 8202 McCowan Road  from Annina Crescent, should access from McCowan Road be restricted.  (8192 and 8202 McCowan Road are designated Medium Density I and Hazard Lands in the South Unionville secondary Plan.)

 

The Draft Plan of Subdivision includes the following land uses and areas

The proposed subdivision (see Figure 4 – proposed Draft Plan of Subdivision) is comprised of the following:

 

TABLE 2 – SITE STATISTICS

·                    Residential (Single Detached)

1.72 hectares (4.25 acres)

·                    Residential (Townhouses)

0.22 hectares (0.54 acres)

·                    Open space (including 0.464 hectares of valleyland)

1.51 hectares (3.73 acres)

·                    Roads

0.64 hectares (0.35 acres)

·                    Future Development Site and Access

0.08 hectares (0.20 acres)

·                    0.3 metres reserves, open space/telephone equipment area and church parking and landscape area

0.11 hectares (0.27 acres)

TOTAL

4.28 hectares (10.58 acres)

Gross Site Area (as defined in OPA 22, excluding valleylands)

3.812 hectares (9.43 acres)

 

The single detached lots will have frontages of at least 12.2 metres.  This is comparable to the frontages of the existing lots that front onto Annina Crescent.  The townhouse units will have frontages of at least 6.0 metres, which is consistent with other townhouses in South Unionville.

 
Official Plan and Secondary Plan provide for residential uses

The South Unionville Secondary plan designates the lands as Low Density Housing and Hazard Land.  The lands are also subject to the Special Policy Area policies.

 

The Low Density Housing designation allows a gross density of up to 14.8 units per hectare.  Based upon the gross land area of 3.81 hectares (9.43 acres), exclusive of valleylands, the proposed gross density is approximately 12.33 u.p.h. (4.98 u.p.a.), consistent with the Official Plan.

 

Hazard Lands, Special Policy Area designation and 10 metre buffer

The Rouge River floodplain is designated as Hazard Land, and is intended primarily for the preservation and conservation of the floodplain and the associated buffer in its natural state.

 

The Special Policy Area designation recognizes areas of development that have historically occurred within a flood plain, and allows for continued development, provided adequate flood proofing measures are incorporated into the design and construction of all buildings.  The Toronto and Region Conservation Authority is requiring that all windows (basement) and doors must be “dry flood proofed” to the Regional Storm Flood elevation of 172.3 metres above sea level.  Flood protection measures are being addressed through the conditions of draft approval, subdivision agreement and zoning by-law provisions.

 

The owner and staff from the TRCA conducted a top of bank staking on June 29, 2004.  The draft plan shows that the lands below top of bank plus a minimum 10 metre buffer are to be incorporated into Block 44 – Open Space, which is to be conveyed into public ownership.  There are no plans to construct a public footpath within the Open Space Block, at this time.  The existing home within this area will be removed and the area restored.

 

A proposed Future Development Block has been incorporated into the Open Space Block that will be dedicated to the Town

The original submission included a Future Development Block on the northeast side of the valley.  These lands are within the Hazard Land designation and the Regional Storm Flood Plain and are outside the boundaries of the Special Policy Area.  Consequently, the TRCA would not permit them to be developed.  Therefore, these lands have also been incorporated into Block 44 – Open Space and will be dedicated to the Town.

 

A Public Meeting with respect to the proposed zoning and draft plan of subdivision was held on February 15, 2005

A Public Meeting was held on February 15, 2005 at which time the following issues were raised by area residents and landowners:

 

·        the conveyance of open space and valley lands and the provision of parkland in the South Unionville area;

·        tree preservation;

·        the width of Laneway A;

·        the provision of privacy fencing;

·        future access to 8192 and 8202 McCowan Road.

 

These issues, amongst others, are addressed in this report.

 

COMMENTS

 

Zoning By-law amendments will be required to implement the plan of subdivision

The applicant is requesting R2 (Residential Density Two) and R2-LA  (Residential Density Two-Lane) zoning (consistent with the surrounding area) for the residential portion of the subdivision, an Open Space zone for the valley lands and a Holding Zone for the Future Development Block.  The lands are zoned Agriculture (A1) and Open Space (O1) zone and floodplain (see Figure 2).  The proposed zoning By-law is attached as Appendix ‘B’ to this report.  The proposal conforms to the policies contained in the South Unionville Secondary Plan.

 

Servicing allocation is only required for 41 of the 53 units

Council at its November 29, 2005 meeting approved servicing allocation for a number of developments including this proposal by Sky Homes.  This development requires servicing allocation for 41 (31 single detached and 10 townhouses) of the 53 lots that will be developed once this application is approved.

 

The remaining 12 part lots (Blocks 34 and 35), that will be combined with the lands to the northwest (65M-3246) already have servicing allocation.  The subdivision to the northwest (65M-3246 was draft approved in May 1997.  At that time servicing allocation for 304 units was approved.  The staff report from 1997 noted that the subdivision (65M-3246) included 49 residential part lots.  Full servicing allocation was given to these 49 part lots in 1997, including the 12 part lots that abut the proposed Sky Home subdivision.  Consequently, they don’t require servicing allocation.

 

Submission of landscape and tree preservation plans and Architectural Control Guidelines have been included as a conditions of Draft Plan approval

The draft Conditions include provisions that require the Owner to submit landscape and tree preservation plans and architectural control guidelines, prior to the execution of the subdivision agreement, to the satisfaction of the Commissioner of Development Services.  The landscape plans will include requirements regarding the provision of privacy fencing throughout the proposed subdivision.  Fencing will be required on corner lots, adjacent to the church parking lot, open space blocks, existing residential and future development parcels.

 

New Road Construction

A new road, identified as Street ‘A’ on the draft plan and a Lane, identified as Laneway ‘A’, are proposed.  Street ‘A’ will provide access from Annina Crescent, which will also be completed as part of this development, to South Unionville Avenue.  It is proposed that Street ‘A’ be named “George Martin Drive”.  George Martin was a veteran of the First World War who had ties to the South Unionville area.  Mr. Martin lived on Helen Avenue from 1925 until 1933 when he moved to Maple Lane in Unionville.  George Martin Drive is on the current street name reserve list and is available for use.

 

Blocks on the west side of Laneway ‘A’

There are five blocks on the west side of Laneway ‘A’ (Blocks 38, 39, 40, 41 and 42).  Staff anticipate that, subject to satisfactory purchase and sale agreements 4 of the 5 blocks will be conveyed to the adjacent homes owners on Annina Crescent.  A hydro utility box is located on the fifth block.  This block has frontage on South Unionville Avenue.  It will be conveyed to the appropriate public agency.

 

Parkland dedication

Cash-in-lieu of parkland will be required as part of the Developer’s Group Agreement and Subdivision Agreement.

 

Developer Group Obligations

The owners of the lands will be required to participate in the Developer’s Group Agreement for the South Unionville Area.

 

The church’s site plan agreement will have to be amended

As mentioned above the Centennial Community Baptist Church will be selling approximately 0.84 hectares (2.08 acres) and will retain about 1.08 hectares (2.55 acres), including approximately 0.05 hectares (0.12 acres) purchased from Sky Homes.  There is an existing site plan agreement for the church.  Consequently, prior to final approval of the plan of subdivision the church’s site plan agreement will have to be amended to reflect the changes to their property, including changes to the parking lot.

 

The church can provide the parking required by the Town’s Parking By-law on the lands they will retain

In September 2003 Council passed By-law 2003-301, a zoning By-law amendment that increased the parking requirements for Places of Worship.  However, the existing church only needs to conform to the pre-2003 parking requirements.  To do this they must provide 111 parking spaces on their property.  Staff are of the opinion that the church can conform with the pre-2003 requirement, and that at least 111 parking spaces can be provided on the property the church will retain.

 

The conceptual church parking lot design, submitted with the subdivision application, proposes 160 parking spaces on the reduced church site (including Block 43, which will be acquired from Sky Homes).  However, the number of parking spaces proposed may need to be reduced to preserve some of the existing tress on the north and south side of the church’s existing parking lot.  (See Aerial Photo - Figure 3.)  The proposed parking lot re-configuration is subject to a separate site plan application process, which will include the submission of landscape and tree preservation plans.

 

Future church additions will be subject to the post-2003 zoning By-law provisions, specifically By-law 2003-301.  The required parking for a church addition will be calculated at a ratio of 1 parking space for every 9m2 of net floor area, provided the expansion does not increase the worship area or add additional uses that require parking.

 

Assuming 49 parking spaces will be available for a future church building addition (160 - 111 = 49), the church may be allowed to add up to 441m2 net floor area (441m2/9 = 49), subject to building permit availability, such addition will be subject to a separate future site plan application.  In the interim, Development Services Commission staff recommend that the Centennial Community Church amend their site plan agreement, prior to the registration of the plan of subdivision, to include, amongst other provisions, clauses to:

 

·        re-configure the parking lot;

·        implement a comprehensive landscape and tree preservation plans;

·        add Block 43 to the church’s property; and

·        deal with the decommissioning of the septic system, (the church is connected to municipal services and the septic system is no longer required).

 

The zoning By-laws attached include provisions to allow the lands the church is receiving from Sky Homes (Block 43 – Church Parking and Landscaping) to be used for church purposes.

 

CONCLUSION

This proposed draft plan of subdivision and zoning by-law amendment would:

 

·        complete the development and road pattern of the area;

·        dedication of 1.51 hectares (3.73 acres) valley lands into public ownership;

·        provide a public connection to the valleylands;

·        protect a future access for a comprehensive redevelopment of 8202 and 8192 McCowan Road; and

·        provide a road link for the existing and future Annina Crescent homeowners to South Unionville.

 

FINANCIAL CONSIDERATIONS

There are no financial implications for the Town in this report.

 

ENVIRONMENTAL CONSIDERATIONS

This application has been reviewed in light of environmental policies respecting development within a Special Policy area, with input from the Toronto and Region Conservation Authority.

 

ACCESSIBILITY CONSIDERATIONS

This proposal does not have any impact on physically/mentally challenged persons, therefore there are no accessibility considerations to be considered in this report. 

 

ENGAGE 21ST CONSIDERATIONS

The infill proposal aligns with the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

 

BUSINESS UNITS CONSULTED AND AFFECTED

The applications have been circulated to internal departments and external agencies for comments which are incorporated into the report.

 

 

 

 

 

 

 

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

Director of Planning and Urban Design

 

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

Commissioner of Development Services

 

 

 

DOCUMENT:           Q:\Development\Planning\APPL\SUBDIV\04 009913 Sky Homes (Caster)\recommendation report - not phased.doc

 

ATTACHMENTS:    Figure 1 – Location Map

                                    Figure 2 – Area Context and Zoning

                                    Figure 3 – Aerial Photo

                                    Figure 4 – Draft Plan of Subdivision

                                                                       

                                    Appendix ‘A’ – Recommended Conditions of Draft Approval

Appendix ‘B’ – Draft Zoning By-laws

 

OWNER:                    SKY Homes Corporation Ltd.

                                    c/o Terano Properties Inc.

                                    7050 Weston Road, Suite 303

                                    Woodbridge, Ontario L4L 8G7

                                    Tel: 905-264-8749

                                    Fax: 905-851-1305

 

AGENT:                     Gary Templeton

                                    Templeton Planning Ltd.

                                    71 Tyler Street

                                    Aurora, Ontario L4G 2N1

                                    Tel: 905-727-8672

                                    Fax: 905-727-8890

 

FIGURE 1 - LOCATION MAP: