RECOMMENDATION:
That the draft plan
of subdivision 19TM-98020, prepared by KLM Planning Partners Inc., dated March 24, 2004, to
permit 27 single detached lots, south of Major Mackenzie Drive, west of McCowan
Road, be approved subject to the conditions of draft plan approval as set out
in Appendix ‘A’ to the staff report dated November 22, 2005;
That the application
submitted by Lasseter Developments Inc. to amend
Zoning By-laws 177-76 and 304-87, as amended, be approved, and the draft by-law
attached as Appendix ‘B’ to the staff report dated November 22, 2005, be
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 Lasseter Developments Inc. be
granted a servicing allocation of 27 units, such allocation to be from the
total allocation for the Berczy Community, in accordance with the February
15, 2005 report 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 2005-189);
And further that the draft plan approval for plan of
subdivision 19TM-98020 will lapse after a period of three years commencing November
29, 2005, in the
event that a subdivision agreement is not executed within that period.
PURPOSE:
The purpose of this report
is to provide an evaluation, recommendation, draft conditions and a draft
by-law for draft plan of subdivision 19TM-98020 for 27 single detached lots
south of Major Mackenzie Drive, west of McCowan Road, in the Berczy Village Community.
BACKGROUND:
Property and Area Context
The
22.76 hectare (56.25 ac.) vacant property is located south of Major Mackenzie Drive, west of McCowan Road (Figure 1) in the Berczy
Village Community.
Adjoining
the property are:
·
Single detached dwellings to the west;
·
Vacant Medium density residential blocks and valley lands to the south;
·
Vacant lands owned by the applicant slated for future medium density
residential to the east; and,
·
Vacant lands designated Agriculture and Hazard Lands in the Official Plan to
the north.
The
subject site is generally flat. A minor
tributary of the Rouge River traverses through the
property, creating a wide, shallow floodplain.
Official Plan designation and existing zoning
The
subject lands are designated Urban Residential – Low Density, Open Space and Hazard Lands in the Berczy Village
Secondary Plan. The proposed single
detached lots comply with the uses and density (17 to 37 units per hectare or
6.9 to 14.9 units per acre) provided for in the Urban Residential – Low Density
designation (see Table A).
The
Official Plan indicates that the Hazard Land portion of the subject
property is identified as an Environmental Protection Area (valley land). The policies do not permit new development
adjacent to or encroaching upon lands identified as Environmental Protection
Areas that would have a detrimental impact on the ecological integrity of the
natural feature(s). The Official Plan
policies also require a minimum 10 metre environmental buffer adjacent to
valley lands (from the stable top of bank, predicted stable top of bank or from
the Regulatory Flood line, whichever is greater).
The
lands are zoned Agriculture One (A1) by By-law 304-87, as amended.
Applications previously submitted for
singles, semis and townhouses
An
application for Zoning By-law Amendment and Draft Plan of Subdivision approval
was submitted in December 1998. A large
portion of the property is valley land, generally as shown on Figure 5. The developable portion of the site includes
Low Density Residential lands adjacent to the west side of the proposed
extension of Stonebridge Drive, and Medium Density lands
adjacent to McCowan Road. The 1998 proposal was for 123 single detached
lots, 37 semi detached lots (74 units), 8 townhouse blocks (25 units), a storm
water management block, an open space buffer and valley lands.
In 1998,
the applicant proposed to fill a portion of the Regional Storm Flood
Plain. In support of the proposal, the
applicant submitted a report indicating the McCowan Road culvert was contributing
to the flood plain condition on the site and that the expansion of this culvert
would provide some relief. TRCA staff
noted that the expansion of the culvert would have limited effect on changing
the area of flooding on the property and that the majority of the site would
still be flood susceptible. In addition,
TRCA staff could only support minor changes to the flood fringe and could not
support filling within the flood plain as proposed by the applicant. The applicant was unable to comply with the TRCA’s requirements and the 1998 applications did not
proceed to a report to Development Services or to a Public Meeting.
Revised proposal for single detached lots on
the west side of the proposed extension of Stonebridge Drive
The
applicant revised the original 1998 applications in December 2003, and requested
a Zoning By-law Amendment and approval of a Draft Plan of Subdivision to permit
23 single detached lots and 3 residential part blocks located on the west side
of the proposed extension of Stonebridge Drive.
The applicant has further revised the application to complete the 3
residential part blocks for a total of 27 single detached units. Due to the concerns from the TRCA, related to
the associated valley lands, the applicant is proposing to develop the Medium
Density Residential block adjacent to McCowan Road in a future phase. The current proposal is outlined in Table A
below:
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TABLE A
|
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RESIDENTIAL UNITS
|
HECTARES
|
ACRES
|
|
Single
Detached (min frontage – 13.7 m)
|
14
|
0.550
|
1.359
|
|
Single
Detached (min frontage – 11.0 m)
|
13
|
0.427
|
1.056
|
|
Valley Lands and buffer
|
|
14.386
|
35.548
|
|
Gross
Site Area
|
|
22.561
|
55.749
|
|
Net
Site Area
|
|
0.977
ha
|
2.415
ac
|
|
Net
Site Density (Low Density lands only)
|
|
27.6 uph
|
11.1 upa
|
OPTIONS/DISCUSSION:
TRCA is satisfied with the proposed draft plan of subdivision
The applicant’s previous 1998
applications involved proposed filling within the flood plain on the east side
of the Rouge River Valley Lands in order to accommodate the residential
development adjacent to McCowan Road, which was not supported by the TRCA.
The TRCA has an interest in conserving, maintaining and enhancing lands
within valley and stream corridors (the Regional Storm Flood Plain or stable
top of bank, plus 10 metres inland) and is of the opinion that the restoration
of these lands is most efficiently facilitated when they are in public
ownership.
The TRCA is satisfied with the current proposed plan of subdivision and
the limits of development indicated on the applicant’s plan and have no
objections to the draft approval of the plan of subdivision. The TRCA has requested that the open space
lands (within the TRCA Fill Regulation Line) be transferred to public ownership
prior to registration of the plan and subsequent to the implementation of a
naturalization program of the open space block, to the satisfaction of the TRCA
and the Town of Markham. Appropriate conditions are included in the
conditions of draft approval.
A Public Meeting was held on June 15, 2004
A statutory public meeting was held on June 15, 2004, to consider the draft plan of subdivision and
companion zoning by-law amendment application.
Area residents expressed concerns with the impact that the proposal may have
on the adjacent open space and valley lands, construction traffic and traffic
impacts on the existing community. As
noted above, the TRCA is satisfied with the limit of development and have no
objections to the minor grading proposed at the flood fringe.
Construction traffic routes are regulated by the Engineering Department and
access to the construction site will be stipulated in the subdivision
agreement. A traffic report is also
required prior to registration, to document the traffic impacts associated with
the subject site, identify any traffic operational concerns and identify any
required mitigative measures.
Additional
servicing allocation required from the Region prior to draft plan approval.
As set out in the February 15, 2005, servicing allocation report, Council recommended that units be
allocated to Lasseter Development Inc. This allocation is part of a larger regional
allocation to the Town, approved by Regional Council in June 2005.
In May 2004, Council received a
presentation from the Director of Engineering which provided information on water supply and sanitary sewer
capacity restrictions in York Region and Council directed that no further
residential draft plan/site plan approvals be granted until staff reported back
on these matters or until the Region confirms in writing that sanitary sewage
capacity is available. Since then the
Region has undertaken additional modelling of the York Durham Sanitary System
(YDSS) and Markham staff have proposed storage options that control flows in certain
municipal trunk sewers that will reduce existing Markham flows into
the YDSS during a 25 year storm event.
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.
FINANCIAL CONSIDERATIONS:
There are no financial matters to
be considered at this time.
BUSINESS UNITS CONSULTED AND AFFECTED:
The proposed draft plan of subdivision and implementing zoning by-law
amendment applications have undergone a full circulation. Comments and conditions have been
incorporated into the report, the proposed conditions of draft approval and the
proposed by-law.
CONCLUSION:
Staff recommend that the draft plan of
subdivision 19TM-98020, be draft approved, subject to the conditions of draft
approval listed in Appendix ‘A’ and that the implementing zoning by-law
contained in Appendix ‘B’ be approved.
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
|
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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DOCUMENT: Q:\Development\Planning\APPL\SUBDIV\98 229081 El En
Realty Ltd Phase 1\recommendation report.doc
ATTACHMENTS: Figure 1 –
Applicant/Agent and Location Map
Figure
2 – Area Context and Zoning
Figure
3 – Air Photo
Figure
4 – Proposed Draft Plan
Figure
5 – Official Plan
Appendix
‘A’ – Draft Conditions
Appendix
‘B’ – Draft By-law
APPLICANT/AGENT: KLM Planning Partners Inc.
Attn: James Kennedy
64 Jardin Drive, Unit 1B
Concord, ON
L4K
3P3
Tel: (905) 669-4055
Fax: (905) 669-0097
