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:

Ron Blake, Senior Project Coordinator

West District Team

 

 

 

 

DATE OF MEETING:

2005-Sep-20

 

 

 

 

SUBJECT:

RECOMMENDATION REPORT:

Applications for Draft Plan of Subdivision Approval and Rezoning by Romandale Farms Limited & 404 Developments Inc. (Cathedral Town Phase II)

10350 Woodbine Ave.

File nos. SU 05 009154; ZA 05 009155

 

 

 


 

 

RECOMMENDATION:

THAT the report entitled “RECOMMENDATION REPORT: Applications for Draft Plan of Subdivision Approval and Rezoning by Romandale Farms Limited & 404 Developments Inc., Cathedral Town Phase II, 10350 Woodbine Ave. (File nos. SU 05 009154; ZA 05 009155)” be received;

 

THAT the record of the Public Meeting held on June 7, 2005, relating to the application by  Romandale Farms Limited and 404 Developments Incorporated (Cathedral Town Phase II), 10350 Woodbine Avenue, for approval of a residential draft plan of subdivision and zoning by-law amendment, be received;

 

THAT Draft Plan of Subdivision 19TM-05002 prepared by Design Plan Services Inc., identified as drawing number 0238-2\10 and dated August 5/05, be draft approved, subject to the red line revisions and conditions of draft plan approval set out in Appendix ‘A’ to this report;

 

THAT the Director of Planning and Urban Design be directed to issue draft approval once the Owner has complied with the requirement to enter into the agreement set out below restricting pre-sale of certain residential units in the subdivision; 

 

THAT prior to issuance of draft plan approval, the Owner shall enter into an agreement with the Town, applying specifically to Block 55 and Blocks 43 to 49 inclusive of draft plan 19TM-05002, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject blocks, until the following conditions have been met:

·        The Town has completed a detailed design study for the Woodbine Avenue By-pass;

·        The owner has conveyed to York Region, free of all costs and encumbrances, any land required for the Woodbine Avenue By-pass within the boundaries of draft plan 19TM-05002 as identified by the above study; and,

·        If required, the draft plan has been revised to reflect any changes to the Woodbine Avenue By-pass alignment and any associated changes to the configuration of the subject blocks.

 

THAT the applications to amend zoning by-laws 304-87 and 177-96 be approved and the implementing by-laws set out in Appendix ‘B’ to this report be enacted;

 

THAT servicing allocation for the 88 units in this draft plan of subdivision be taken from the 300 units previously granted to draft plan of subdivision 19TM-01001 (Cathedral Town Phase 1) in October 2001;

 

THAT the Town reserve the right to revoke or reallocate servicing supply to the draft plan of subdivision should the development not proceed in a timely manner;

 

AND THAT the applicant submit the required 30% subdivision processing fee.

 

 

PURPOSE:

This report presents an overview and evaluation of the proposed subdivision.  The report also includes draft zoning by-law amendments to permit the proposed development. The report recommends approval of the draft zoning by-laws and the draft plan of subdivision, subject to conditions.

 

BACKGROUND:

Site location and area context

This 5.63 hectare (13.91 acre) site is located on the west side of Woodbine Avenue between the Cathedral of the Transfiguration to the south; a future residential subdivision (the Tucciarone lands) and the Hamlet of Victoria Square to the north; the proposed Woodbine By-pass and future employment lands to the west; and the Cathedral Town Phase I residential subdivision, which is currently under construction, immediately adjacent to the east.  The subject lands and the surrounding area are shown in Figures 2 and 3. 

 

The East Carlton Creek and an adjoining proposed open space corridor are located south of the draft plan of subdivision, but are not located within the boundaries of the draft plan, and are separated from the draft plan by the proposed westward extension of Betty Roman Boulevard.  The open space corridor surrounding the East Carlton Creek will be addressed in a separate draft plan submission (the Cathedral Town Precinct application).  It should be noted that all of the current draft plan of subdivision submissions for the West Cathedral Community were presented at a public meeting on June 7, 2005. 

 

There are no environmental features, significant vegetation, or heritage structures within the boundaries of this draft plan of subdivision.

 

A residential subdivision with a mix of townhouses and detached dwellings is proposed

The draft plan of subdivision proposes an 88 unit residential subdivision consisting of the following elements:

 

 

 

Hectares

Acres

Gross Site Area

 

5.63

13.91

Roads and laneways

 

1.67

4.13

Neighbourhood Park

 

0.33

0.82

Open Space (landscape buffers & walkways)

Residential Reserve

 

0.19

0.14

0.47

0.34

Net Residential Area

 

3.30

8.15

 

 

 

 

Single Detached Units

Townhouse Units

Total Residential Units

44

44

88

2.23

1.07

3.30

5.51

2.64

8.15

 

 

 

 

Net Density: Low

(units per hectare/acre in relation to net site area)

 

26.66

 

10.79

 

 

As shown in Figure 4, single detached lots will generally be developed in a wide-shallow configuration, with typical lot depths of approximately 26 to 29 metres and typical frontages between 13.7 metres and 15.3 metres.  However, due to the semi-circular layout of the street pattern, some detached lots will be much deeper.   The townhouse lots will be developed at typical depths of 33 to 35 metres with approximately 6 metre frontages. 

 

All of the dwellings will be lane-based, the majority with attached rear garages and courtyard amenity areas beside the rear garage and behind the main building.  The townhouse units will be located along the southern and western perimeters of the draft plan, fronting Betty Roman Boulevard and the Woodbine By-pass.   The detached dwellings will be located within the interior of the subdivision.  A semi-circular neighbourhood park will provide a focal point for the subdivision.

 

Statutory public meeting for all the West Cathedral Community draft plans of subdivision held on June 7, 2005

A number of local residents spoke at this meeting.  Key comments relating to this application included:

·        Need for a well monitoring program during construction;

·        Need for a streescape plan for Victoria Square;

·        Support for the Woodbine Avenue By-pass and the reduced traffic along old Woodbine that would result;

·        Future extension of municipal water services to Victoria Square;

·        Need for comprehensive planning in the West Cathedral Community (schools, parks, open space and environmental planning);

·        Servicing allocation.

 

These issues are addressed in subsequent sections of the report.

 

OPTIONS/DISCUSSION:

Draft plan conforms to the Cathedral Community Secondary Plan

The Cathedral Community Secondary Plan (OPA #42), approved in 1997, contemplates development of a mixed-use community on approximately 310 hectares (765 acres) in north west Markham. The proposed draft plan of subdivision conforms to the intent of the 1997 Cathedral Community Secondary Plan.  Figure 5 shows the land use designations for the secondary plan.  

 

The subject lands are designated “Urban Residential - Low Density”, by OPA 42.  The proposed detached and townhouse dwellings, and the neighbourhood park, are all permitted within this designation.  The proposed low density residential areas of the draft plan (consisting of detached and townhouse dwellings) average a net residential density of 26.66 units per hectare (10.79 units per acre).  This conforms to the Secondary Plan which provides for a net density range of 17 to 37 units per hectare (6.9 to 14.9 units per acre) in low density areas. 

 

Although the proposed Woodbine Avenue by-pass was not shown in the 1997 Cathedral Community Secondary Plan, the by-pass is located outside of the boundaries of this draft plan application.

 

Council approved an amendment to the Cathedral Secondary Plan in June 2004

An amendment to OPA 42 was prepared by Town staff in 2004, in response to:

·        changes in the Land Owners’ development concepts for the Community;

·        evolving environmental standards and stormwater management practices;

·        both the Town of Markham and the Region of York Councils’ endorsement of an arterial road by-pass of Victoria Square.

 

The amendment was adopted by Town Council in June 2004, and is currently awaiting approval by the Region, with modifications.  Staff anticipate that this amendment will be approved by the Region in early fall 2005.  The draft plan of subdivision conforms to the revised land use plan set out in the secondary plan amendment (see Figure 6).

 

Amendments to the zoning by-laws will be required

Development of the subject lands is currently governed by the Town’s Rural Area By-law (304-87), which zones the lands Agricultural One (A1).  The proposed development is not permitted by this By-law, and the subject lands will have to be deleted from the Town’s rural Area By-Law (304-87) and incorporated into the Urban Expansion Area By-law (177-96). 

 

The draft zoning by-law proposes to extend the zoning framework established for the Cathedral Town Phase 1 development: the residential portions of the draft plan are zoned under the same exceptions to the R2-LA Zone.  Further text changes have been included in the draft by-law amendment for the Phase II subdivision, to incorporate a number of variances identified during the approval of the Phase I subdivision.   An additional exception zone has been added to the attached by-law, to recognize that the townhouses fronting on the proposed by-pass (which is not part of the draft plan and will be built at a later date) will not have direct frontage on a public road (although access will be provided from the publicly-owned rear lane serving these dwellings).

 

In addition to the above, the draft zoning by-law applies a Holding Provision (H) zone to the townhouse blocks and residential reserve fronting the by-pass.  Prior to removal of the (H), only existing uses are permitted.  The by-law establishes that the (H) will not be removed until the Town has completed the design study for the By-pass, and, if required, the draft plan is appropriately revised and land for the realigned By-pass within the boundaries of the draft plan has been conveyed to the Region.

 

The draft zoning by-law zones the neighbourhood park under the OS 1 zone.  The draft zoning by-laws are attached as Appendix B to this report.

 

Key issues raised at the public meeting, as they apply to the subject draft plan, are addressed through conditions of draft plan approval

·        Streetscape study for Victoria Square: this issue was raised at the public meeting for the subject application, but was originally raised by the residents of Victoria Square at the time of the public meetings leading up to the 1997 Secondary Plan.  At that time, the landowners indicated that they would be prepared to fund such a study, but not to pay for the actual streetscape improvements.  A method for initiating the study was not identified at that time.  An Environmental Assessment (EA) will be undertaken by the Town in 2006 for the existing section of Woodbine Avenue between the north limit of the Woodbine Avenue By-Pass (north of Victoria Square) to the south limit at the intersection of Major Mackenzie Drive.  The above noted Streetscape Study will be included with the EA.  A Funding Allowance of $193,700 ($48,425 tax rate) is currently in the ASDC by-law for the Cathedral Community but is currently under appeal.

 

·        Victoria Square by-pass:  the alignment and land requirements for the proposed Woodbine Avenue by-pass, to be located on the west side of Woodbine Avenue, are generally located outside of the draft plan of subdivision, although the detailed alignment of the by-pass may require alterations to the configuration of the landscape buffer and possibly the townhouse blocks fronting the by-pass.  This issue is addressed in greater detail later in the report.

 

·        Traffic impacts on existing Woodbine Avenue:  Victoria Square residents are also concerned about increasing traffic along the existing Woodbine Avenue, which travels through the middle of Victoria Square.  Woodbine Avenue will become a Town road following completion of the proposed Woodbine by-pass as it will no longer function as a regional arterial, when the by-pass is complete, traffic levels on the road should be reduced significantly.  Town staff will continue to work with landowners and local residents to explore a variety of options to minimize traffic impacts on the existing Woodbine Avenue alignment and the residents of Victoria Square.

 

·        Future extension of municipal water services to Victoria Square:  There will be an opportunity to extend services into Victoria Square as development within the Cathedral Community proceeds on both the east and west sides of Woodbine Avenue.  Sewer and water mains will be sized to accommodate future servicing of Victoria Square. The actual servicing of individual properties will be at the cost of individual landowners, through Local Improvement Charges or Section 391 of the Municipal Act or similar mechanisms. 

 

·        Need for comprehensive planning of the Cathedral Community:  The Landowner’s Group has prepared detailed, community-wide background studies as required by the Cathedral Secondary Plan.  With the exceptions noted below, these studies have been completed to the Town’s and other agencies’ satisfaction.  The status of these studies is addressed in more detail below.

 

·        Servicing allocation:  The draft plan is limited to a total of 88 units, which is part of the original 300 units granted by Council in October 2001.

 

The community-wide background studies are sufficiently advanced to warrant draft plan approval at this time

The Secondary Plan requires that the following community-wide background studies be prepared prior to any draft plan approval in the Cathedral Community:

·        Master servicing plan

·        Development Phasing Plan

·        Tree Conservation Plan

·        External Traffic Study 

·        Noise Study

·        Community Design Plan and Parks Master Plan

·        Cultural Heritage Resource Study 

·        Environmental and Stormwater Management Plan/EIS

 

All of the above studies have been submitted and approved except for the Environmental and Stormwater Management Plan/EIS and the External Traffic Study. 

 

In the spring of 2005, the Toronto and Region Conservation Authority submitted detailed comments on the most recent revisions to the ESMP and EIS.  The landowners group has not yet submitted a revised document addressing these comments.  However the TRCA has submitted written comments to the Town indicating that they are prepared to support draft plan approval of the Phase II subdivision, subject to their standard approval conditions, as their comments on the

 

ESMP/EIS do not specifically relate to the subject application.   Furthermore, there are no environmental features or significant vegetation within the boundaries of this draft plan of subdivision.

 

The External Traffic Study is nearing completion, but must be finalized by incorporating the conclusions of the Town’s feasibility study regarding the proposed Highway 404 off-ramp extensions at Major Mackenzie Drive and Highway 404.  This issue is not related to the subject application.

 

The applicant has submitted the required subdivision-specific background studies

The May 17, 2005 preliminary report identified a series of background studies that were to be submitted prior to draft plan approval, including:

 

·          Functional servicing study (including grading plan);

·          Noise impact study;

·          Internal Traffic Study;

·          Stormwater Management Study;

·          Cultural Heritage Resource Study;

·          Site and Grading Specific Tree Preservation Plans;

·          Phase 1 Environmental Assessment;

·          Hydrogeological Study;

·          Lotting distribution plan – a  rendered concept plan which identifies the lotting mix

within each draft plan area. The Town is looking for a mix of lot sizes within each residential street or block.

·          Housing prototype review – conceptual housing prototypes should be reviewed with the town prior to the finalization of the Architectural Control Guidelines. We wish to understand the impact of various housing types on lot size and configuration.

 

These studies have been submitted by the applicant, and are currently under review by Town staff.  The approval of the above noted studies will be required as conditions of draft approval.

 

Design issues identified in the preliminary report have been addressed

The preliminary report identified three outstanding issues regarding the design of the subdivision, including the need for diversity of dwelling design along the by-pass; concern about the proposed visitor parking areas for dwellings fronting the by-pass; and a request for additional pedestrian walkways.  These issues have been addressed as follows:

 

·          Diversity of housing types fronting by-pass:  The revised draft plan continues to show townhouse units fronting onto the bypass.  Staff are of the opinion that the issue of diversity of built form can be addressed through the design and massing of these units, and by the use of innovative design solutions.  The proposed lot and block sizes are therefore appropriate. The draft plan conditions establish that, prior to release for registration, the applicant present concept plans for the townhouses fronting the by-pass which satisfactorily address staff’s concerns.  The townhouses are also subject to site plan approval and hold provisions appended to the zoning;

·          Visitor parking areas:  These areas have been deleted from the revised draft plan and are therefore no longer an issue;

·          Request for additional pedestrian walkways: The fire department and the urban design section have advised that additional walkways are no longer required.

 

Final design and alignment of the by-pass has not yet been determined and may impact the western boundary of the draft plan

While the by-pass is technically outside of the boundaries of this draft plan of subdivision, and the Region has completed an Environmental Assessment of the by-pass which identifies a preferred alignment, the final detailed design and alignment of the by-pass may differ slightly from that shown in the draft plan.  The detailed design study for the by-pass will be undertaken by the Town, but it is not anticipated to begin until the final quarter of 2005 or early 2006, well after draft plan approval of this subdivision. 

 

In order to allow flexibility in the final alignment of the by-pass, without unduly delaying the majority of the proposed draft plan located to the east of the by-pass, staff recommend the following approval strategy:

 

·        the entire draft plan of subdivision can be approved at this time (subject to the owner entering into an agreement not to pre-sell townhouse units on Blocks 43 to 49 inclusive, as outlined in more detail in the next section of the report);

·        the townhouse blocks, the landscape buffer facing the by-pass, and the residential reserve (Blocks 43 to 49 inclusive, Block 58 and Block 55) will not be released for registration until the following conditions have been met:

o       the Town has completed a detailed design study for the by-pass;

o       any additional land within the subject draft plan that is required as a result of a possible realignment of the by-pass will be conveyed free of charge to the Region;

o       appropriate red-line revisions to the draft plan have been submitted;

·        that a holding (H) provision be placed on the above-noted blocks, and that the H not be removed until the above conditions have been met.

 

The approval conditions set out above have been incorporated into the draft approval conditions attached as Appendix A.  Hold provisions appended to the zoning will not be removed until the above noted conditions have been completed.

 

The Owner must enter into an agreement not to pre-sell residential blocks fronting on the by-pass prior to issuance of draft plan approval

As noted above, townhouse blocks facing the by-pass may be impacted by changes to the alignment of this road.  To ensure that these blocks are not pre-sold before the by-pass alignment is fully resolved, this report recommends that staff prepare an agreement not to pre-sell, and that the owner be required to enter into this agreement prior to issuance of draft plan approval.  This agreement would apply specifically to the townhouse blocks immediately east of the by-pass (Blocks 43 to 49 inclusive), and the residential reserve (Block 55).  The agreement will establish that the same conditions that must be satisfied prior to the release of these blocks for registration (see previous section) must also be satisfied before the Owner can pre-sell these blocks.

 

The Owner has agreed to enter into an agreement not to pre sell these units.

 

The subdivision centres on a crescent-shaped neighbourhood park

This park, which will have direct street frontage along the full length of Charity Crescent, will provide a focal point for the subdivision.  The location and area of this park complies with the approved parks master plan for the West Cathedral Community.  No additional park space or cash-in-lieu will be required as part of this application.

 

The subdivision has received servicing allocation

In October 2001 Council granted 300 units of servicing allocation to the Cathedral Town Phase I subdivision.  In August 2003 a total of 212 units were draft plan approved.  The applicant is proposing to transfer the remaining 88 units to the subject draft plan.  Staff concur that no additional servicing allocation is required for this draft plan.

 

CONCLUSIONS

Staff recommend that Council approve the draft plan of subdivision, subject to the conditions set out in this report, including the requirement that the Owner enter into an agreement not to pre-sell certain units until the Town has completed a detailed design study for the Woodbine Avenue By-pass.  The report also recommends that the implementing zoning by-law amendments, attached as Appendix B, be approved and enacted.  Staff are of the opinion that the requirement for the owner to enter into an agreement not to pre-sell blocks adjacent to the by-pass will allow for timely approval of the draft plan, without compromising future opportunities to realign the by-pass if indicated by the detailed design study.

 

FINANCIAL CONSIDERATIONS:

There are no financial considerations associated with these applications

 

ENVIRONMENTAL CONSIDERATIONS:

There are no environmental features within the boundaries of this draft plan of subdivision.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has undergone a full inter-departmental circulation. Department comments have been incorporated into the report and the proposed conditions of draft plan approval.

 

 

 

 

 

 

 

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:                       Q:\Development\Planning\APPL\SUBDIV\05 009154 Cathedraltown phase II\final report cathedral town phase II.doc

 

ATTACHMENTS:                Figure 1 – Location Map

Figure 2 – Air Photo

Figure 3 – Site Context and Zoning

Figure 4 – Proposed Draft Plan of Subdivision

Figure 5 – Land Use Plan, Cathedral Secondary Plan 1997

Figure 6 – Land Use Plan, proposed Cathedral Secondary Plan Amendment

Appendix A – Proposed Conditions of Draft Plan Approval

Appendix B – Draft Zoning By-law Amendments

 

APPLICANT/AGENT:          Design Plan Services Inc.

                                                Attn:  T.J. Cieciura

                                                385 The West Mall

                                                Toronto, ON

                                                M9C 1E7

 

                                                Tel:  416-626-5445

                                                Fax:  416-620-6665