RECOMMENDATION:
That the draft plan
of subdivision 19TM-040017, prepared by Macaulay Shiomi Howson Ltd, dated
November 12, 2004, to permit 27 part lots and 14 single detached lots, east of
Kennedy Road, south of Major Mackenzie Drive on the north and south side of
Thomas Foster Street, 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 Kennedy Mackenzie Consix Investment
Limited 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 Kennedy
Mackenzie Consix Investment Limited be granted a servicing allocation of 27.5 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 17-2000);
And further that
the draft plan approval for plan of subdivision 19TM-040018 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, recommendations, draft
conditions and a draft by-law for draft plan of subdivision (19TM-040017) for 27
part lots and 14 single detached lots, east of Kennedy Road,
south of Major Mackenzie Drive on the north and south
side of Thomas Foster Street, in the Berczy
Village Community.
BACKGROUND:
Property and Area Context
The 1.53
hectare (3.7 ac) vacant property is located east of Kennedy Road, south of Major Mackenzie Drive on the north and south
side of Thomas Foster Street, within the Berczy Village
Community (Figure 1).
Adjoining
the property are residential subdivisions to the north, west and east (across Kennedy Road) and a public high school
to the south.
The
subject lands comprise 4 remnant blocks purchased by the applicant, from the
York Region District School Board. The
surplus lands were not required by the school board to construct the high
school (Pierre Elliot Trudeau High School) located on the north side of Bur Oak
Avenue, east of Kennedy Road.
Secondary Plan designation and existing
zoning
The
subject lands are designated Urban Residential – Low Density in the Berczy
Village Secondary Plan. The proposed single
detached lots comply with 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.
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TABLE A
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RESIDENTIAL UNITS
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HECTARES
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ACRES
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Single detached
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41
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Gross Site Area
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1.538
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3.80
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Net Site Area
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1.538
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3.80
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Net Site Density
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26.6 uph
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10.78 upa
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Existing Zoning
The
lands are currently zoned Rural Residential by By-law 304-87, as amended.
Proposal for 27 part lots and 14 single
detached lots
The
applicant is proposing to combine part lots from a previously registered plan
(65M-3536) with 27 part lots from the subject lands in addition to 14 single
detached lots with frontages ranging from 10 metres (32.8 ft.) to 13.3 metres
(43.6 ft). 27 of the lots are of conventional
depth and will be combined with the adjacent part lots to the north, while 14
are full wide shallow lots.
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TABLE B
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Unit Type
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Frontage
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Depth
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Number of Units
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M(Ft)
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M(Ft)
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Single Detached
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10 m (32.8 ft)
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32 m (104 ft)
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7 part lots
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Single Detached
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10.6 m (34.7 ft)
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32 m (104 ft)
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5 part lots
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Single Detached
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11.1 m (36.4 ft)
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32 m (104 ft)
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15 part lots
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Single Detached
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11.1 m (36.4 ft)
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28 m (91.8 ft)
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1
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Single Detached
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13.3 m (43.6 ft)
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28 m (91.8 ft)
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13
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OPTIONS/DISCUSSION:
A Public Meeting was held on
June 7, 2005
A statutory Public Meeting was held on June 7, 2005, to consider the draft plan of subdivision and
companion zoning by-law amendment application.
Area residents expressed concerns with vehicular speed and cut through
traffic. There was no discussion from
members of Council. Resident traffic
concerns were referred to the Town’s Traffic Operations group. A response was sent to the residents
indicating that the Traffic Operations group installed traffic counters and
collected data in August 2004, that can quantify
traffic speeds and volume. The results
from the data collected indicate that the speeds and volumes in the area are at
acceptable levels. They also indicated
that once Thomas Foster is connected to Harbord Street, it will be
re-evaluated at that time for possible cut through traffic.
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 27.5 units
be allocated to Kennedy Mackenzie Consix Investment
Ltd. This allocation is part of a larger
regional allocation to the Town, approved by Regional Council in June of 2005.
Allocation has previously been granted
on the registered part lots that are to be combined with 27 part lots proposed
by the applicant. The recommended allocation
for 27.5 units is sufficient to cover the proposed 27 part lots (13.5 units)
and 14 single detached units.
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 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 it’s 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.
Roads
must be constructed
Through the site plan approval of the
high school, the roads surrounding the school site (extensions of Thomas Foster Street, Viscount Drive and Westlake Road) were dedicated to the Town as public right-of-ways. As a condition of site plan approval, the
school board was advised that the developer of the remnant blocks would be
responsible to pay all costs relating to construction of the roads. Completion of construction of Thomas Foster Street will be secured through conditions of draft approval.
Lots
north of subject site to be reconfigured through part lot control
In order to maximize the number of lots,
the applicant has configured the part lots in a north south direction fronting
onto Thomas Foster Street. The registered part lots to
the north that are to be combined with these lots are configured in an east/west
direction. In order to remedy the
conflicting lot lines, an exemption from part lot control will be required to
allow the lot reconfiguration.
FINANCIAL CONSIDERATIONS:
There are no financial matters to be considered in
this report.
BUSINESS UNITS CONSULTED:
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-040017, 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\04 028638 KENNEDY
MACKENZIE CONSIX\final 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
Appendix
‘A’ – Draft Conditions
Appendix
‘B’ – Draft By-law
APPLICANT/AGENT: Macaulay,
Shiomi, Howson Ltd.
Attn: Elizabeth Howson
293 Eglinton Avenue E.
Toronto, ON
M4P
1L3
Tel: 416-487-4101
Fax: 416-487-5489
