RECOMMENDATION:
That the Development Services Commission
Report entitled “Norvalley Homes Limited, Applications for Draft Plan of
Subdivision, and Rezoning, 57 Main
Street and 1, 3, 5 Richard Maynard Crescent, Unionville”, dated June 7, 2005,
be received;
That the record of the Public Meeting held on
October 5, 2004 with respect to the applications for draft plan of subdivision 19TM
03 0017 and the implementing zoning by-law be received;
That Norvalley Homes Limited, in addition
to its existing allocation of 3 units, be granted a servicing allocation of
five units from the Town reserve, contingent on York Region confirming its
acceptance of Markham’s proposed flow control option, as discussed in the
February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as
the “flow control option”);
That the Town reserves the right to revoke
or reallocate the servicing allocation should the development not proceed in a
timely manner;
That the Region of York be advised of the
servicing allocation for this development;
That the conditions of draft approval for
draft plan of subdivision 19TM-030017 (Appendix ‘A’, attached to the staff
report dated June 21, 2005) be endorsed by Council, and that final approval be
delegated to the Commissioner of Development Services, with such final approval
to occur when the Region confirms the flow control option (or the project is
phased to allow the existing 3 units to proceed) and subject to the payment of the
required 30% subdivision processing fees in accordance with the Tariff of Fees
By-law;
That the application to amend Zoning By-law
122-72, as amended, be approved, and the draft by-law, attached as Appendix ‘B
to the June 21, 2005 staff report, be brought forward to Council for approval
once the Region confirms its acceptance of the flow control option (or the
by-law is revised to place a holding provision on those properties without a
servicing allocation);
PURPOSE:
The purpose of this report is to recommend
approval of applications for draft plan of subdivision, and rezoning to permit
a development of single and semi-detached dwellings at 57 Main Street
Unionville and 1, 3 and 5
Richard Maynard Crescent.
BACKGROUND:
Property
The
subject properties are located within the Unionville Heritage Conservation
District.
The
properties are located on the east side of Main Street Unionville, south of
Highway #7 at the southern gateway to the Unionville Heritage Conservation
District (Figure 1) and comprise parts of two historic village lots with a
total area of 0.338ha.
There are
no structures on any of the properties.
The lands contain no significant vegetation.
The
subject properties, and the lot immediately to the north, which is owned by
others, are intended to form the southern part of Richard Maynard Crescent. The proposed future extension of Richard Maynard Crescent was established in concept
form as part of the Unionville Woods Ltd. plan of subdivision for 10 freehold
townhouses, which was draft approved by the Town on February
27, 1998 and has
now been constructed.
Planning Controls – Official Plan Amendment 21
The
Secondary Plan for Markham Centre (OPA 21) designates all but the Hazard lands
part of the property as Medium Density I Housing, which permits townhouses,
street townhouses, urban villas (including office use) and other forms of
multiple unit housing.
Most of
the site is designated Special Policy Area (SPA). The remaining section (the eastern part of 57 Main Street) is designated as Hazard
Lands in the Official Plan (Revised 1987), as amended. As part of the conditions of approval of a
previous application to develop the southerly lot, which has not been
implemented, the applicant has dedicated all areas designated as Hazard Lands
on the southerly lot to the Town.
The
Provincial Flood Plain Policy generally prohibits development or redevelopment,
or the placing of fill below the Regional fill and flood lines, as determined
by the Toronto and Region Conservation Authority. However, this policy also recognizes that
certain areas have historically developed within flood plains. Therefore, development activity may be permitted
in the Special Policy Area, subject to a permit being obtained under Ontario
Regulation 158 from the Toronto and Region Conservation
Authority, prior to any work taking place.
Zoning By-law
The
current zoning on the southern parcel is Single Family Residential H(R3), under
By-law 122-72, as amended. The southerly
parcel was the subject of an earlier application for rezoning, in accordance
with the OPA 21 policies and would permit the construction of two small-lot
singles and the construction of a portion of Richard Maynard Crescent. The application was approved by the Town and
the parent zoning by-law was amended by By-law 221-99. A Hold was placed on the by-law pending
severance of the proposed lots through the Committee of Adjustment and
execution of a development agreement with the Town.
The
eastern ¾ of the northerly parcel is zoned Single Family Residential (R3) in
accordance with the parent by-law (122-72), as amended, and the remainder is
presently zoned Open Space (O1). The R3
zoning on the northern lot permits single-family detached dwellings and home
occupations (BL 53-94).
There is
a Hazard Lands overlay in the zoning for those lands beyond the Special Policy
Area Boundary indicating that the lands may be subject to flooding. These lands are proposed to be dedicated to
the Town. The Special Policy Area overlay
in the zoning also extends over most of the property including all lands
proposed for development. The Special
Policy Area overlay was applied in recognition that certain areas have
historically developed in the floodplain and that additional development may
occur in this area subject to certain conditions being achieved, and that flood
control measures be implemented to the satisfaction of the TRCA and the Town.
Proposal
is to subdivide and rezone the property to permit single detached and semi-detached
dwellings
The applicant is proposing to
subdivide and rezone the property to allow the creation of five residential
lots accommodating two single detached dwellings and three semi-detached
dwellings, for a total of eight residential units. The proposal covers two historic village
lots, one that had recently been occupied by a single detached dwelling, now
demolished, and a second which had always been vacant but which had been the
subject of previous proposals for intensified development.
In 1999, the applicant
obtained approval from the Town to rezone and sever the southerly property into
5 parts as follows: the northern parcel
was dedicated to the Town as part of a future road allowance; two parcels were
to be severed as single detached residential lots with access onto the future
road allowance, a fourth parcel was to have frontage onto the future road
allowance and was to be retained by the owner as a part lot until such time as redevelopment
occurred on the lands located immediately to the north; a fifth parcel was comprised of Hazard lands,
which have been dedicated to the Town (see Figure 6).
In
2000, in order to achieve improved access arrangement for the house fronting
onto Richard Maynard Crescent, the
applicant revised the design for the house as a single detached dwelling with
detached garage. The house and garage
were proposed to be situated on both parts 4 and 5 of the plan. Previously the owner had intended to retain part
5 as a separate remnant parcel, which would be redeveloped as the lands
immediately to the north are redeveloped.
The plan for the house fronting onto Main Street Unionville remained
unchanged. The Director of Planning
approved this revision on October 15, 2001 in accordance with Site Plan
Approval By-law 216-93. In accordance
with the proposal, the property formerly known as 53 Main Street Unionville was readdressed as 1, 3
and 5 Richard Maynard Crescent
Applicant acquires lot to the north
– plan revised to incorporate both lots
In late 2003, the owner of the property at 1, 3
and 5 Richard Maynard Crescent acquired the adjacent property at 57 Main Street Unionville. The owner subsequently worked with Town
(Development Services) staff to identify a conceptual residential plan of
subdivision, which incorporated both lots.
The proposal for the southerly portion of the
site (1, 3, 5 Richard Maynard) maintains the previously approved location of
the section of Richard Maynard Crescent and also retains the lot size and
building design for the proposed single detached dwelling which will front onto
Main Street Unionville. This structure
has been designed with a wrap-around veranda in a style which is reminiscent of
the historic architecture of Unionville and is intended to serve as a gateway
feature at the entrance to the Heritage District. For the remainder of the southerly portion,
the applicant proposes a lot to accommodate a semi-detached residence and a
part lot, which is to be combined with the property to the north (57 Main St) to accommodate another
semi-detached residence.
The proposal for the northerly portion of the
lands (57 Main Street Unionville) incorporates a further section of Richard Maynard Crescent, a lot for a single detached residence
fronting onto Main Street Unionville, a lot to accommodate a semi-detached
residence and a part lot which is to be combined with the property to the south
to accommodate another semi-detached residence.
In total, the applicant is proposing to construct
two single detached residences and three semi-detached residences, for a total
of eight units. The applicant will be
required to construct the remaining southerly section of Richard Maynard Crescent as part of this proposal. An outline of proposed lot frontages, areas
and unit types is as follows:
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Lot 1
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Lot 2
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Lot 3
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Lot 4
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Lot 5
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Type
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Semi
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Semi
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Semi
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Single
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Single
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Units
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2
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2
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2
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1
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1
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Lot Area
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388.2 m2
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325.5 m2
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351.3 m2
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481.8 m2
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156.0 m2
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Lot Frontage
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12.54 m
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12.26 m
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13.28 m
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13.71 m
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9.36 m
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Proposal requires zoning by-law
amendment
In order to provide site-specific development
standards to permit the proposed single and semi-detached dwellings, the
applicant has applied to amend the zoning by-law.
DISCUSSION:
The proposed plan of subdivision complies
with the Secondary Plan. The recommended
conditions of draft approval (Appendix “A”) have been prepared in consultation
with other municipal departments and their respective requirements have been
incorporated. A zoning by-law amendment
is required to repeal the previous zoning by-law amendment (from 1999) on part
of the property and to introduce site specific zone standards. The draft by-law is attached as Appendix “B”.
The following is a brief summary of
concerns/issues raised and how they have been addressed.
No
major issues were raised at the Public Meeting
A statutory public meeting was held on October 5, 2004. There were no comments from
the public with respect to this application.
Committee directed staff to pursue a coordinated effort between the
subject and adjacent landowners to share the costs in providing a permanent
road.
Overall area context and completion
of subdivision
A concern was expressed with respect to
the potential implementation of the connection between the existing townhouse
development at the north end of Richard Maynard Crescent and the subject proposed residential development to the south. Currently there is a single parcel at 61 Main Street
Unionville, which is the site of a former service station located in between
the two sites. The owners of the parcel
at #61 have not come forward with a proposal to develop the subject lands. Given that the connection may not occur in
the foreseeable future, and the owners of the two properties do not appear to
be willing or able to cooperate on construction of an up fronted road
connection between the two sites, the applicant has agreed to introduce a
temporary turning circle which will allow adequate access and turning movements
for public vehicles such as waste management trucks, fire trucks and snow
removal equipment.
Servicing Allocation
At present, this property has a
servicing allocation of three units. It
will require an additional five units.
It is recommended that the applicant be granted a servicing allocation of five
units from the Town reserve, contingent on York Region confirming its
acceptance of Markham’s proposed flow control option, as discussed in the
February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design.
Engineering matters
The applicant will be required to extend
municipal services from Main
Street in order to allow
this development to proceed.
A servicing study will be required as a
condition of draft plan approval. The
study will determine if the existing municipal services can adequately service
the lots and to determine if there is sufficient depth to extend the
sewers. The Engineering Department has
identified that there is a problem in the downstream sanitary sewers due to a
lack of capacity. As a condition of
draft plan approval, the owner will be required to pay their proportionate
share for downstream improvements to the sanitary sewer system. The servicing study will also address site
servicing, municipal service connections, site grading and drainage.
A stormwater management report is to be
submitted addressing storm water quantity and quality as well as meeting any
requirements of the Special Policy Area and of the TRCA. The applicant will be required to provide
erosion and siltation controls and implement such controls as approved by the
Town and TRCA prior to proceeding with any work on the site.
A Noise Impact Study, prepared by a
qualified noise consultant, is to be submitted with recommendations to mitigate
potential noise generated by traffic or other identified noise sources, to the
satisfaction of the Town. The applicant
has already submitted a noise impact study for the previous application at 53 Main Street.
The applicant will be required to pay
for the costs of sidewalk replacement across the frontage of this property on Main Street and
a new sidewalk along Richard
Maynard Crescent. The applicant will also be responsible for
constructing the temporary turning circle to Town standards. The applicant will also be required to
provide the Town with a Traffic Control Plan for the works proposed in the road
allowance, prior to the preconstruction meeting, as the construction may
disrupt traffic on Main Street, Unionville.
A Phase II environmental clearance will
be required from a qualified consultant which states that the lands to be
developed and particularly those lands which are to be conveyed to the Town are
environmentally suitable for their intended use in accordance with current MOE
guidelines.
The temporary turning circle will
address Waste Management concerns
Since the development will receive
municipal curbside collection of waste and recyclable material, the Owner must
provide adequate access for the collection vehicles. The temporary turning circle will permit the
safe movement of collection vehicles so that they will not have to travel in
reverse gear.
TRCA – Toronto and
Region Conservation Authority
Prior to entering into a subdivision
agreement, the applicant will be required to provide TRCA with a grading plan
showing existing and proposed contours, as well as detail regarding the amount
of fill required to be placed on site in order to adequately flood proof the
development to the Regional Storm elevation, or the 350 year flood elevation
(if floodproofing to the Regional Storm elevation is not possible). A structural engineer sign-off will be
required to ensure the structural integrity of the development, given the
amount of fill required on site and depth of flooding that the site may be
subjected to in a Regional storm event.
The applicant will be required to obtain
a permit pursuant to Ontario Regulation 158 (Fill, Construction and Alteration
to Waterways) with respect to development within the Fill Regulated Area,
Regional Storm Flood Plain of the Rouge River and the
Unionville Special Policy Area.
Lands
to be transferred to the Town
A small triangular piece of land
identified as Block 6 is located within the Hazard land boundary and is to be
transferred to the Town. It is zoned as
Open Space. An environmental clearance
will be required.
The dwelling designs have been
reviewed with Heritage Markham
The applicant has worked with Heritage
Markham and Heritage Section staff to ensure that the built form, and design
details of the proposed development are compatible with the character of the
Unionville Heritage Conservation District.
Staff is still working with the applicant on an appropriate design for
the dwelling on Lot 5. The
Director of Planning and Urban Design has delegated authority to approve this site plan application. Site plan approval can be issued when a
supportable dwelling design is finalized.
Provision of appropriate amenity area
Town staff has been working with the
applicant to provide an appropriate amount of amenity area for each of the
proposed lots. The amenity area for the semi-detached
dwellings will be provided in the form of rear decks. The amenity area for Lot 5 will be in form of a deck
similar to the townhouses to the north
Landscape issues are being addressed
The applicant will provide a landscape
plan as part of site plan approval. The
plan will identify public and private plantings, fencing, private amenity area,
driveway locations, materials etc. to ensure greater compatibility of the
proposed development with the surrounding heritage district environment.
The applicant will also be required to
submit an overall tree inventory and preservation plan, prepared by a qualified
Landscape Architect in good standing with the O.A.L.A., or a certified arbourist
to the satisfaction of the Town (Design Group), prior to execution of a subdivision agreement. The applicant submitted a Tree Preservation
Plan for 53 Main Street in September 2001 as part of a previous application.
CONCLUSION
Approval of the
Draft Plan of Subdivision (subject to the conditions listed in Appendix ‘B’)
and the Zoning By-law Amendment will be in keeping with the Town’s initiatives
regarding compact urban development, as outlined in Official Plan Amendment
21.
The proposed
lot sizes and building setbacks are compatible with the emerging pattern of
development of Main Street Unionville south of Highway #7. Approval of the current proposal will allow
for completion of the southern section of Richard Maynard Crescent and for conveyance of lands in the
floodplain to the Town.
Norvalley
Homes Limited requires a servicing allocation of five units from the Town
reserve. This should be contingent on
York Region confirming its acceptance of Markham’s proposed flow control
option, as discussed in the February 15, 2005 report on Servicing Allocation
from the Director of Engineering and the Director of Planning and Urban Design. If the servicing allocation is not
forthcoming, the plan of subdivision can be phased to permit three units to proceed
with a holding provision incorporated into the zoning by-law to prevent the
other five units from proceeding until the servicing allocation is secured.
The Director of Planning and Urban Design will deal with the issue of site
plan approval.
FINANCIAL CONSIDERATIONS:
There are no financial implications at
this time.
ENVIRONMENTAL CONSIDERATIONS:
The subject parcel contains no significant
mature trees. The applicant is working with the Town (Design Group) staff to
preserve existing vegetation to the extent possible, and to introduce
additional trees on the property as part of the required landscape plan
conditions.
The subject parcel is bounded on the east and
south sides by the Rouge River Valley.
The applicant is working with TRCA and Town staff to ensure that there
is no adverse impact from the proposed development on the Rouge River and
valley.
ENGAGE 21ST
CONSIDERATIONS:
This project aligns with the
corporate goal of achieving a Quality Community through recognizing, promoting
and strengthening a sense of community.
BUSINESS UNITS CONSULTED AND AFFECTED:
The applications have been
circulated to other Town Departments and agencies for review and comment.
ATTACHMENTS:
Figure 1 – Applicant/Agent +
Location Map
Figure
2 – Area Context
Figure
3 – Proposed Plan of Subdivision
Figure
4 – Proposed Elevations
Figure
5 – Aerial Photograph
Figure
6 – Previously Approved Plan for the site
Figure
7 – Area Concept Plan
Appendix
A Recommended Conditions of Draft
Approval
Appendix
B Draft Zoning By-law
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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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FIGURE 1
FILE PATH: Q:\Development\Heritage\PROPERTY\MAINSTU\057\DSC June 07 2005 Final
Report.doc
APPLICANT/AGENT: Aurelio Filice
Norvalley Homes Ltd.
34 Riverbend Road
Markham, ON
L3R 1K5
(905) 470-5158 (tel)
(905) 4705312 (fax)
LOCATION MAP:
