RECOMMENDATION:
That the report dated December 7, 2004, entitled
“Recommendation Report, 973125 Ontario Ltd. and Constantinos Pallas” be
received;
That notwithstanding the Council moratorium on
residential draft plan and site plan approvals, the Draft Plan of
Subdivision (SU 04 016284) and Zoning By-law Amendment (ZA 04 016314)
applications be approved and that water and sewer
allocation be granted in accordance with York Region commitments, as outlined
in a letter to the Town, dated October, 19, 2004;
That the draft plan of subdivision
prepared by Humphries Planning Group Inc., identified as File Number 0422, dated
May 12, 2004 as revised, and attached as Figure 3, be approved, subject to the
conditions of Draft Plan Approval attached as Appendix ‘A’, the execution of a
comprehensive subdivision agreement and revisions to the draft plan including:
- changes
required to reflect York Region’s right-of-way requirements, including appropriate
corner roundings and day-light triangles
- relocation of
the termination of the cul-de-sac to the west, to
allow for landscaping and a pedestrian connection at the end of the street,
and elimination of the ditch/change in grade between the end of the
cul-de-sac and Warden Avenue to the satisfaction of the Commissioner of
Development Services
- final design
of the cul-de-sac and turning metre radius, in accordance with Town
standards and including sidewalk locations, to the satisfaction of the
Commissioner of Development Services
That Council endorse the
parameters for the drafting of a zoning by-law, including Hold (H) provisions, as
discussed in the report, including tree preservation and noise attenuation, and
that staff be directed to bring forward the implementing by-law at the first
available opportunity.
PURPOSE:
The purpose of this report
is to discuss and make recommendations on applications to permit a 15 single
detached lot plan of subdivision (including an existing home which is proposed
to be relocated on site) and implementing zoning. The report identifies issues associated with
these applications and recommends conditions of draft plan approval and an
amending by-law.
BACKGROUND:
Location
and Site Characteristics
This 1.11 ha (2.75 acre) site is located at
the southwest corner of Warden Avenue and 16th Avenue (see Figure 1 - location map).
Access would be from the existing 16th Lane and Warden Woods Court, with a single lot proposed to
take access via an existing drive off Warden Avenue. Surrounding land uses are as
follows:
North - 16th
Avenue and existing residential homes (backlotted onto 16th Avenue)
East - Warden Avenue and existing residential homes (backlotted
onto Warden)
South - existing plan of subdivision (single
detached dwellings)
West - existing plan of subdivision (single
detached dwellings)
Area context and surrounding
zoning is shown on Figure 2.
The site is generally flat
with a tree stand at the intersection of 16th and Warden and tree
cover in various locations throughout the site.
There is a house and shed on the property (9250 Warden
Avenue), which is located south of 16th
Lane with driveway access to Warden Avenue (see Figure 3 –
aerial photo). A greenhouse and a
temporary sales centre for a previous application in the area are located on
the north side of 16th Lane.
A
residential subdivision of low density housing is proposed
The proposed subdivision (Figure 4 – proposed
Plan of Subdivision) consists of 14 single detached lots, with frontages ranging
from 15 metres up to 23 metres (49 to 75 feet). Nine lots will front onto the
north side of Sixteenth Lane (Lots 1-9) and four will front
onto the south side of Sixteenth Lane (Lots 10-13). Lot 14 will have access from the
existing Warden Woods cul-de-sac. The applicant is proposing to relocate the
existing house to proposed Lot
15 as shown on the plan, and take access from the existing drive off Warden Avenue.
Road dedications are required for the
completion of the cul-de-sac on 16th Lane, as well as widenings along
portions of 16th and Warden Avenues.
Table One, below, outlines
the site statistics.
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Table One
Site Statistics
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|
Lot Number
|
Lot
Frontage – metres
|
Lot Area – square metres
|
|
1
|
30.35
|
921.4
|
|
2
|
15.0
|
568.1
|
|
3
|
15.0
|
641.1
|
|
4
|
15.0
|
703.8
|
|
5
|
15.0
|
724.1
|
|
6
|
15.0
|
740.3
|
|
7
|
15.0
|
743.3
|
|
8
|
18.5
|
611.0
|
|
9
|
21.11
|
690.5
|
|
10
|
21.58
|
762.0
|
|
11
|
18.0
|
683.6
|
|
12
|
18.0
|
684.0
|
|
13
|
18.0
|
684.0
|
|
14
|
18.0
|
828.8
|
|
15
|
22.94
|
791.8
|
A public meeting was held on September
21, 2004 at
which time issues were identified with respect to the proposed continuation of access
off Warden Avenue for the existing dwelling and the orientation
and design of the dwelling units adjacent to 16th Avenue.
These matters are addressed in detail in the comments section of this
report.
Official
Plan and Secondary Plan provide for residential uses
The
lands are designated “Urban Residential” in the Official Plan. Detailed land
use Schedule “A” of Secondary Plan Amendment PD 1-10, identifies the subject
lands for low density housing and permits development on the basis of a maximum
of 11 units per hectare of gross residential area (4.45 units/gross acre). The proposal is generally consistent with the
planning standards and criteria contained in Appendix 2 – Planning Standards
and Criteria, which further defines density targets for the lands subject to PD
1-10.
A
Zoning By-law amendment is required to implement the plan of subdivision.
The
lands are zoned Agriculture One (A1) Zone on the north of 16th Lane and Residential Development (RD) Zone on the south of
16th
Lane (By-law
Nos. 118-79 and 304-87 as amended). The applicant is requesting an R6 – Single
Family Residential Zone, consistent with the surrounding area for the proposed
plan of subdivision. A Hold (H) provision
is proposed for Lot 1 for which York region requires an easement in conjunction with the 16th Avenue Trunk Sewer construction.
Proposed performance standards
include a minimum 15 metre frontage for all lots, and a minimum area of 511
square metres, consistent with the R6 provisions of By-law 118-79. Maximum height would be 10.7 metres and
coverage for one and two storey dwellings would be 45 and 40 percent
respectively. In order to address tree
preservation measures, the applicant has submitted a tree survey and has agreed
to work with staff to refine the building envelopes for certain lots within the
plan in an attempt to preserve some of the more significant trees within the
plan area. The schedules of the zoning
by-law should be drafted in consultation with the applicant to protect
identified trees, while integrating required noise attenuation measures.
COMMENTS:
Water Allocation and Sanitary
Sewer Capacity
On May 11, 2004, Council
passed a resolution respecting sanitary sewer capacity/allocation stating that no further residential draft plans of
subdivision or site plans be approved until staff report back and the Region of
York confirms, in writing that sewage capacity is available.
In reviewing this application
and providing conditions of draft plan approval, York Region advised they
require a temporary easement over all of proposed Lot 1 to facilitate
the construction of a shaft for the 16th
Avenue Trunk Sewer.
In consideration of the applicant granting this easement, the Region has
advised, in writing, that an additional 15 units of servicing allocation (sewer
and water) will be granted to the Town, over and above any previous limits
expressed by the Region. This allocation
is to be reserved for this development, pending the granting of the easement
and draft plan approval of the subdivision by the Town. The Region has since confirmed that the
applicant has granted the required easements.
Accordingly, it would be appropriate for Council to consider the approval
of these applications notwithstanding the moratorium on residential draft plan
approvals.
Parkland
dedication
Cash-in-lieu of parkland will
be required to be paid to the Parkland Reserve Fund. Parklands to the south
were previously sized to include this subdivision, at the time of the Warden
Woods subdivision agreement, and were acquired by the Town with monies drawn
from the Reserve Fund.
Studies
have been submitted
The applicant has provided
studies identified by Planning Staff and requested through circulation of the
application to Town departments and external agencies. These studies include:
noise study, servicing study, tree assessment, and an archaeological study, and
the details of the studies will be addressed in the following sections of this
report.
Subdivision Lot Layout
As identified on Figure
3 – Proposed Plan of Subdivision, this plan is generally in accordance with the
planning approach and parkland strategy adopted for the lands at the southwest
corner of 16th Avenue and Warden
Avenue as endorsed by Council in November
1998.
Planning staff
have, however, reviewed the proposed lot layout and suggest that modifications
to the design may be warranted. Recommended
modifications include moving the termination of the cul-de-sac west, to allow
for tree preservation, a pedestrian connection, the introduction of landscaping
at the end of the street and elimination of the ditch/change in grade between
the end of the cul-de-sac and Warden Avenue (similar to the treatment of the
termination of Danbury Court which is a recently built local street to the
south).
Other possible design
changes staff reviewed with the applicant are identified on Figure 5, Scenario
1 and include reorienting the cul-de-sac to the south rather than the north and
reconfiguring the lots in the vicinity of the existing dwelling. The effect of staff’s suggested changes include
providing larger lots and greater flexibility for the siting of dwellings,
noise attenuation measures and tree protection adjacent to the Warden/16th
Avenues intersection and consolidating three of the lots (10, 11 & 15) on
the south side of 16th Lane to accommodate the applicant’s dwelling while
utilizing the existing access drive to Warden Avenue. In the long term, should this dwelling be demolished,
then the consolidated lots could be severed in accordance with the proposed
zoning standards. The two new lots would
then take access off 16th
Lane and the drive to Warden
Avenue could be eliminated. While not requesting this drive be eliminated
as a condition of draft plan approval, the Region has advised that they are
supportive of design changes which would minimize the number of access points
onto Regional Roads. In this regard, staff note that only two
other drives exist on the west side of Warden Avenue between Apple Creek
Boulevard and 16th Avenue (8840 & 8870 Warden Avenue).
Specific design
issues with the orientation of the dwellings identified at the public meeting
were reviewed by staff, including treating 16th
Lane as a “lane access” to garages, with units
facing onto 16th Avenue. In this regard it is noted that the other
three quadrants of the Warden Avenue / 16th
Avenue intersections have been developed
with a backlotted configuration. The
applicant’s proposal is consistent with this arrangement and allows for the
introduction of noise attenuation measures while providing opportunities to
maintain some of the vegetation in the vicinity of the intersection. As a condition of draft plan approval,
architectural control will be required for these lots to ensure that the facades
of the dwellings facing 16th
Avenue are more representational of a
front of a dwelling.
During the course
of development review, the potential changes to the plan noted above were
explored. However, the applicant has not
indicated a willingness to revise the plan to address the improvements
identified by staff. The proposed
changes discussed are desirable but staff note that from a technical
perspective the proposed plan of subdivision is acceptable. Beyond shifting the termination of the
cul-de-sac to the west and redesigning the cul-de-sac in accordance with Town
standards, the other suggested improvements are not
being required as red line revisions.
Engineering matters:
Services are available
Comments from the Engineering
Department confirm that municipal services have been approved and constructed
within the adjacent subdivision and that sanitary and storm availability for this
development is restricted to the capacity of the existing systems within Warden
Woods Court. In addition to constructing roads and
services to Town standards, the Owner is required to provide the Town with a
clearance letter confirming payment of the proportionate costs of services
within the Warden Woods subdivision.
Cul-de-Sac must be modified
The applicant is
proposing to introduce a cul-de-sac at the easterly termination of 16th
Lane to service this development. Presently, as reflected on Figure 4 – Plan of Subdivision, this
cul-de-sac has a radius of 17 metres and the Engineering
Department has confirmed a 19 metre radius as the required Town standard, of
which, a minimum of 13.5 metres is required for the interior radius of the
cul-de-sac necessary to accommodate Town maintenance and operations. The Town standard 5.5 metre boulevard is
required to accommodate utilities, a sidewalk and street tree planting. The Engineering
Department also requests a setback from Warden
Avenue to match the Danbury
cul-de-sac to the south of this property.
Detailed engineering drawings submitted by the applicant indicate a
proposed 3.5 metre boulevard on the north side of 16th
Lane, and a 5.5 metre boulevard to the
south. Staff recommends the design of 16th
Lane be modified to provide a 5.5 metre boulevard
on the north side resulting in a 19 metre radius cul-de-sac to the north and
the 3.5 metre boulevard on the south side, resulting in a 17 metre radius of
the cul-de-sac to the south. This would accommodate
all utilities and sidewalk locations required for this development on the north
side of 16th Lane. Red line revisions will be required to
identify this change to the final design of the cul-de-sac in accordance with Town
standards and including utility locations and sidewalk locations.
Noise Study has been submitted
A noise study has
been submitted which concludes that the unattenuated daytime sound levels in
the outdoor living areas associated with some of the dwellings will exceed the
recommended acceptable levels (MOE Guidelines), requiring noise control
measures and warning clauses. In
addition, the unattenuated sound levels at the outside walls of all of the
dwellings are such that indoor noise controls are required for all units, with
relevant warning clauses. The study
identifies that the sound levels can be mitigated and specific measures are
identified for individual lots within the plan.
These measures include noise barriers, warning clauses, requirements for
central air conditioning and acoustic insulation. For those lots adjacent to 16th
Avenue and Warden Avenue (lots 1 to 10) the required acoustic barrier would be
2.2 metres in height (7.2 feet) consisting of a combination of earth berm and
fence.
Based on the
design of the subdivision staff remained concerned that the current cul-de-sac
configuration limits opportunities to adequately integrate noise attenuation
measures (berms and noise walls) while protecting trees in the vicinity of the
intersection. The changes required by Engineering to
increase the size of the cul-de-sac would limit the opportunities to integrate
a berm and noises attenuation wall while protecting the established vegetation
at 16th Avenue and Warden
Avenue.
Consequently it is recommended that the detailed noise study incorporating
grading, berming and noise attenuation measures be submitted for review in
conjunction with the tree preservation plan to assist in developing building
envelopes for the affected lots within the zoning by-law. The draft plan conditions require the
submission of a Detailed Noise Control Study prior to enactment of the zoning
by-law.
Tree Conservation
Town staff
inspected the subject site on June
2, 2004 and determined that it was well treed and that it
appears as though some trees had been removed prior to this application. Urban Design staff
has advised that they will be requesting additional on-site planting as
compensation. Certain trees remaining on the site warrant protection. A Tree Inventory and Preservation Plan has
been submitted and the installation of tree protection fencing will be required
during construction. Restrictions within
the by-law and potential restrictive covenants on title will be introduced on certain
lots to ensure trees identified for preservation are protected. This would be consistent with staff efforts in
concert with tree preservation measures for the development to the south. In addition the Owner has agreed to try and
transplant as many trees as possible that may not be saved as a result of
building placement or re-grading.
Architectural Control will be required
Planning and
Urban Design staff
will review detailed site plans and elevations to ensure that they are
compatible in character to the existing residences in the area and that issues
related to tree protection measures are incorporated into the plans.
Architectural control will be imposed as a condition of subdivision approval to
achieve an appropriate and attractive treatment along the Sixteenth
Avenue frontage.
York Region
The Regional
Municipality of York Region has advised of no objection to approval of the
draft plan of subdivision subject to conditions and resolution of the easement
requirements associated with Lot 1, as
previously discussed. The Region supports
the design modifications which would improve the relationship with the 16th
and Warden Avenues intersection and reduce potential noise impacts. They also support initiatives aimed at
reducing the number of access points onto Regional roads over the long term.
External Agencies
Comments received from the former Markham Hydro
Distribution indicate that the proposed buildings would be located too close to
existing hydro lines on 16th
Lane.
As a result the applicant will be required to relocate the poles to the
satisfaction of PowerStream Inc. Neither
of the school boards have identified any requirements in connection with this
application and the comments or conditions of the other agencies circulated
have been incorporated, as appropriate, in the conditions of draft plan
approval.
Archaeological
Study
An Archaeological Assessment has been submitted in
support of these applications which concludes that there is no evidence of
archaeological deposits and that archaeological concerns relating to these
lands can be considered as addressed.
This study has been submitted to the Ministry of Citizenship, Culture
and Recreation for their review and any requirements arising from that review
will be addressed through the conditions of draft plan approval.
FINANCIAL CONSIDERATIONS:
There are no financial implications for the
Town in this report.
ENVIRONMENTAL CONSIDERATIONS:
A tree survey and preservation plan has been submitted and the conditions
of draft plan approval speak to tree preservation measures. The proposed zoning by-law will also provide
building envelopes to accommodate specific setback requirements associated with
individual trees within the plan.
ACCESSIBILITY
CONSIDERATIONS:
Accessibility considerations such as pedestrian access from the
proposed cul-de-sac to Warden Avenue have been included in the conditions of
draft plan approval.
ENGAGE 21ST
CONSIDERATIONS:
The
infill proposal aligns with the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and
Infrastructure Management.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
applications have been circulated to internal departments and external agencies
and their requirements have been incorporated into the conditions of draft plan
approval.
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|
|
|
|
Valerie Shuttleworth,
M.C.I.P., R.P.P.
Director of Planning and
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
016284 Pallas\Pallas reommendation report
ATTACHMENTS: Figure 1 – Location Map
Figure
2 – Area Context and Zoning
Figure
3 – Aerial Photo
Figure
4 – Plan of Subdivision
Figure
5 – Scenario 1- Suggested Modifications to Lot Layout
Appendix ‘A’
- Conditions of draft plan approval
OWNER: Constantinos Pallas AGENT: Rosemarie Humphries
9250 Warden
Avenue Humphries
Planning Group Inc.
Markham, Ontario 216
Chrislea Road
L3R 0K2 Vaughan, Ontario
L4L 8S5
Fax: 905-264-8073
FIGURE 1 - LOCATION
MAP:
