REPORT TO 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:

Teema Kanji, 4480

South District

 

 

 

 

DATE OF MEETING:

June 7, 2005    

 

 

 

 

SUBJECT:

FINAL REPORT

 

 

Ibrans Development Ltd.(19TM-04001)

7033 14th Avenue

Proposed plan of subdivision and implementing zoning by-law amendments.

Box Grove Planning District

FILES:  SU.04-009413 & ZA.04-009405

 

 

 

 

RECOMMENDATION:

That the staff report entitled “Ibrans Development Ltd. (19TM-04001), 7033 14th Avenue, Proposed plan of subdivision and implementing zoning by-law amendments. Box Grove Planning District” dated June 7, 2005, be received;

 

That draft plan of subdivision 19TM-04001 (SU.04-009413) located south of 14th Avenue, east of 9th Line, proposed by Ibrans Development Ltd., be draft approved subject to the conditions outlined in Appendix ‘A’;

 

That zoning application (ZA.04-009405) to amend By-law 304-87, and By-law 177-96, submitted by Ibrans Development Ltd., be approved and the implementing Zoning By-law attached as Appendix ‘B’ be finalized and enacted;

 

That water and sewage allocation for 34 units be granted to Ibrans Development Ltd. (19TM-04001) subject to written confirmation from the Trustee of the Box Grove Developers Group that servicing allocation has been made available from the total water and sewage allocation previously granted to the Box Grove Community by the Town and the Region;

 

That the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion; and

 

That Ibrans Development Ltd. provide the Town with the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000).

 

PURPOSE:

The purpose of this report is to recommend draft plan approval, subject to the conditions identified in Appendix ‘A’ and the enactment of implementing zoning by-laws (Appendix B).

 

BACKGROUND:

The subject lands form part of the Box Grove Planning District. The property consists of approximately 4.01 hectares (9.91 acres) located on the south side of 14th Avenue, east of the proposed 9th Line By-Pass (Figure 1).  There is an existing house, garage and shed on the property, which are proposed to be demolished.  There are no significant environmental features on the subject lands, although some vegetation is present along the eastern edge of the property (Figure 3).

 

The subject property is bounded to the west and north, across 14th Avenue, by draft approved plans of subdivisions (Box Grove Hill Developments Inc. & Box Grove North & Box Grove Centre Inc., and Balgreen Holdings Inc. & Winter Gardens Estates Inc.), which are proposed to be developed with single detached, semi-detached, and townhouse units. The CP Havelock Rail Line is to the south and to the east is a minor tributary of the Rouge River (Figure 3). 

 

The top-of-bank of the adjacent tributary was staked by the Toronto and Region Conservation Authority in January 2004.  The proposed plan of subdivision identifies the location of this tributary and a 10 metre environmental buffer from top-of-bank as being completely outside the subject property.  Also, the abutting property to the east of the tributary contains two houses, including a heritage house, and three outbuildings, including a barn in which precast concrete products are currently being manufactured.  That site also contains outdoor storage of concrete products, which is a legal non-conforming use.

 

Proposed plan of subdivision

The subject site is intended to eventually accommodate about 70 units.  However, due to a lack of servicing allocation at this time, only a portion of the ultimate development is being recommended for draft approval at this time.  The applicant is currently proposing to construct a total of 34 single detached units.  There are also a number of blocks, that when combined with adjoining lands to the west (Balgreen & Winter Garden Estates), will complete an additional 22 single detached units (Figure 5).  The proposed residential mix and densities are outlined below:

Unit Type

 

Frontage

No. of Units

Metres

Feet

Single Detached

11.60

38.05

34

Future units from blocks (22 part lots) 

                                                    11 single detached

Total                                                                                                                       45

Proposed Density

Net Site Area

2.13 hectares (5.26 acres)

Permitted Density 17.0 to 37.0 units per ha. (6.8 to 14.9 units per acre)

21.1 units per hectare (8.5 units per acre)

 

There is also a 0.22 ha (0.54 acre) block directly adjacent to the Rouge River tributary, which is intended to be developed as a small parkette.

 

There are an additional 25 residential units proposed within the applicants lands (future phase) (Figure 5), which will be brought forward for draft approval at a later date when additional servicing allocation becomes available.

 

OPTIONS/DISCUSSION:

Proposed plan of subdivision generally conforms to Secondary Plan and Community Design Plan

The lands comprising the draft plan are primarily designated in both the Secondary Plan and Community Design Plan as Urban Residential II – Low Density.  The distribution of housing types and layout of roads within the draft plan of subdivision are generally consistent with the land use designation and established street pattern in the Secondary Plan and the proposed Community Design Plan (Figure 4).  It should be noted that Lot 1, a single detached lot at the north end of the Plan (see Figure 4), is located in an area that was designated in the Community Design Plan as Community Amenity Area – Village Centre where only multiple housing types such as townhouses are permitted.  However, given the configuration of roads, rear lanes and lots in this Village Centre area the proposed lotting would be the most efficient and is considered acceptable.  The Community Design Plan is not a statutory document and has the flexibility to accommodate this type of minor adjustment during the draft approval process.

 

The Secondary Plan permits a density of between 17.0 to 37.0 units per hectare (6.8 to 14.9 units per acre) for lands designated Urban Residential – Low Density Housing II.  The proposed 45 single detached units (34 single detached plus 11 single detached from part lots), having a density of approximately 21.1 units per hectare (8.5 units per acre), would comply with the permitted density.

 

The total build out of Phase 1 and 2 within this site represents 75% low density and 25% medium density housing, which is generally consistent with the intent of the Secondary Plan targets of 77% low density housing and 23% medium density housing.  The overall densities within Box Grove are consistent with the requirements of the Secondary Plan.  Further, the Community Design Plan refined those targets for the housing type mix noted in the Secondary Plan and the proposed housing mix within all of the plans of subdivision submitted to date are consistent with the approved Box Grove Community Design Plan.

 

Site specific technical studies completed

The District wide technical studies such as Environmental Master Drainage Plan, Master Servicing Plan, Road Function and Streetscape Plan, Transportation Study etc. have been completed.  The applicant has also completed an archaeological survey/assessment and noise study for the subject lands. 

 

Applicant is a signatory to the Developers Group Agreement

A Developers Group Agreement is in place for the Box Grove Area to secure community facilities including parkland and schools, and to compensate the landowners on whose properties the community facilities are located.  The applicant is a signatory to the Developers Group Agreement.

 

Sufficient servicing allocation available to accommodate 45 units (Phase 1)

1,365 servicing units have been committed for the Box Grove Secondary Plan area in accordance with the provisions of the Memorandum of Understanding.  To date, 1,331 servicing units have been allocated through the approval of three draft plans of subdivision.  There are 34 units available for the proposed plan of subdivision.  The Trustee for the Box Grove Area has advised that 45 servicing units have been reserved for the proposed draft plan of subdivision (Figure 5).  The distribution of servicing allocation amongst the draft plans within the Box Grove area is the responsibility of the Trustee for the Box Grove Developers Group, subject to the Town of Markham’s concurrence.  The additional 11 units have been made available through the transfer of servicing units from other Box Grove Developers to ensure that Ibrans receives their proportionate share of the Box Grove allocations. 

 

A provision has been included in the conditions of the draft approval (Appendix A) requiring the Owner to acknowledge that the Town has a right to revoke and reallocate such servicing allocation, should construction not proceed in a timely manner.

 

Stormwater management

With respect to stormwater management, the lands are intended to drain south to the storm water management pond located north of the CN Railway/Hydro lands within the Balgreen Holdings Inc. and Winter Garden Estates plan of subdivision.

 

Plan provides for necessary municipal servicing infrastructure and road improvements for the Box Grove Area

The Box Grove Developers Group prepared a Development Phasing Plan for the Box Grove Area, which was endorsed by Council in May 2004, subject to a number of revisions. The consultant is currently revising the Phasing Plan to reflect these modifications and it is anticipated to be finalized this month. 

 

The Development Phasing Plan for the Box Grove area is guided by the principles set out in the Memorandum of Understanding, which provides commitments to provide necessary municipal servicing infrastructure and road improvements to the Box Grove area and existing Hamlet.  The proposed plan of subdivision contains lands essential to complete certain infrastructure required as part of the first phase of the Box Grove Developers Phasing Plan.  This plan of subdivision would accommodate:

 

  • A critical portion of the 9th Line By-Pass right-of-way (4 lane road)
  • A portion of the Town Arterial Road (possible Markham By-Pass)
  • A sanitary sewer connection to the York Durham Sanitary Sewer (YDSS) required to service all the lands south of 14th Avenue is located on the subject lands

 

The conditions of draft plan approval contain provisions to ensure that road and servicing improvements noted in the Phasing Plan are carried out as they apply to the proposed plan of subdivision (Phase 1), to the satisfaction of the Town.

 

As noted above, the proposed plan of subdivision contains a portion of the Town Arterial Road (possible Markham By-Pass Link) where it meets with the proposed 9th Line By-Pass.  As a condition of draft plan approval, the applicant will be required to convey these lands free of all costs and encumbrances to the Town.  The timing of the Town Arterial Road is dependent on a number of factors such as the completion of an EA process currently underway to determine the ultimate alignment of the Markham By-Pass, acquisition of the necessary right-of-way from non participating owners and the provision of servicing allocation to the developers who are to construct this Arterial Road.

 

Phasing Plan Agreement for Box Grove being finalized

The Phasing Plan is guided by the principles/directions set out in the Memorandum of Understanding and the Secondary Plan.  The Box Grove Developers entered into a Memorandum of Understanding with the Town of Markham and the Region of York in October 2002, which in part outlines the developer’s obligations towards transportation and servicing improvements for the Box Grove community.   A Phasing Agreement for the Box Grove Area is currently being prepared to formalize the items identified in the Secondary Plan and Memorandum of Understanding, including, amongst other items, the following:

 

  • Requirement to construct 9th Line By-Pass and Town Arterial Road
  • Requirement to construct a road connection from Rouge Bank Drive (Legacy Community) to 9th Line By-Pass
  • Requirement to provide water connections to the property line of existing homes within the Box Grove Hamlet
  • Oversize the sanitary sewers to accommodate the existing Box Grove Hamlet.

 

A Phasing Agreement will be executed by the Town and the Trustee for the Box Grove Developers Group, on behalf of all the participating owners.

 

Location of various facilities will be provided to new home buyers

The location of various facilities such as sidewalks, transit routes, schools, parks, church sites, commercial uses in the vicinity, existing or future rail and local and arterial roads, stormwater management ponds, mail boxes etc. are of significant interest to new home buyers when purchasing a home.  The developers will be required, through the conditions of draft plan approval, to have plans showing the location of these facilities approved by the Town prior to execution of the sales trailer or model home agreement.  The model home agreement will also require the developer to make the above information available on display plans within the sales trailer and provide copies of the Home Buyers Guide, to the satisfaction of the Town. 

 

Public Meeting held to consider proposed draft plan of subdivision

On Tuesday, June 28, 2004 a public meting was held to consider the proposed subdivision and zoning amendment.  There were no comments from the public with respect to these applications.

 

 

 

Proposed zoning by-law amendments

In accordance with the Secondary Plan requirements, the applicant has applied for zoning by-law amendments to implement the proposed draft plan of subdivision.

 

The subject lands are currently zoned Agricultural One (A1) under the Town’s rural area By-law 304-87, as amended (Figure 2).  Amendments are required to delete the lands from By-law 304-87, and to incorporate the subject lands within the Town’s Urban Expansion By-law 177-96.  The proposed zoning for the plan of subdivision under By-law 177-96 will include the following:

 

  • Residential Two (R2) zone category for all single detached lots; and
  • Open Space One (OS1) zone category for the proposed park block;

 

These zone categories will contain development standards consistent with those proposed on similar lots on other proposed plans of subdivision in the vicinity.  Draft amending zoning by-laws for the proposed plan of subdivision are attached as Appendix ‘B’. 

 

CONCLUSION:

Staff recommend that the proposed draft plan of subdivision be approved subject to the conditions of draft approval attached as Appendix ‘A’, and that the implementing zoning by-law contained in Appendix ‘B’ be enacted.

 

FINANCIAL CONSIDERATIONS:

There are no financial implications to be considered in this report.

 

ENVIRONMENTAL CONSIDERATIONS:

The subdivision and rezoning application has been circulated to the TRCA and their requirements are reflected in the draft plan conditions and zoning by-law.

 

ENGAGE 21ST CONSIDERATIONS:

The proposed draft plan of subdivision promotes a key goal set out in “Engage 21st Century Markham” with respect to Managed Growth.  The Box Grove Phasing Plan establishes a framework for the phasing and coordination of infrastructure, and registration of this plan will allow the completion of critical infrastructure right-of-ways for the Box Grove Area (9th Line By-Pass, Town Arterial Road and sanitary sewer connection to YDSS).

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The requirements of other municipal departments and external agencies have been incorporated into the draft plan and recommended conditions of draft plan approval.  

 

 

 

 

 

 

 

 

It should be noted that Canadian Pacific Railway has not yet provided comments for the proposed plan of subdivision.  Staff have included standard CP Railway requirements in the conditions of draft plan approval similar to the clauses used in other draft approved plans of subdivision within the Box Grove Area (Box Grove Developments Inc. and

Balgreen & Winter Garden Estates Inc.), and these conditions will be modified as appropriate, prior to the conditions of approval being issued, and/or through the subdivision agreement, once comments from CP Railway have been obtained.

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

                                                                                                                                                                FIGURE 1

 

FILE LOCATION:  AMANDA/FILE SU.04-009413/Document Tab/DSC Final Report (June 7, 2005)

 

ATTACHMENTS:

Figure 1:           Location Map

Figure 2:           Zoning/Context Map

Figure 3:           Aerial Map

Figure 4:           Plan of subdivision as it relates to the Community Design Plan

Figure 5:           Proposed Plan of Subdivision

 

Appendix A      Proposed Conditions of Draft Plan Approval 

Appendix B      Proposed Zoning By-Law Amendments

           

APPLICANT/AGENT:          Templeton Planning Ltd.                       Tel: (905)727-8672

c/o Gary Templeton                              Fax: (905)727-8890

71 Tyler St Aurora

L4G 2N1