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:

Stephen Kitagawa, Senior Planner

 

 

 

 

DATE OF MEETING:

September 21, 2004

 

 

 

 

SUBJECT:

Kylemore Homes (Deacon Property)

Application for Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision to Permit 47 Condominium Townhouses, 17 Freehold Townhouses, 6 Single Detached Dwellings and a Commercial Block

North Side of 16th Avenue, West of Kennedy Road

(OP.03-119805, ZA.03119813 & SU.03-119813)

 

 

 


 

RECOMMENDATION:

That a Public Meeting be held to consider the applications submitted by Kylemore Homes for Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision to permit 47 Condominium Townhouses, 17 Freehold Townhouses, 6 Single Detached dwellings and a Commercial Block on the north side of 16th Avenue, west of Kennedy Road.

 

PURPOSE:

The purpose of this report is to update Committee on the status of these applications and recommend that a Public Meeting be scheduled to obtain public comments on the proposed applications.

 

BACKGROUND:

Property and Area Context

The 4.5 hectare (11.1 ac) property is located on the north side of 16th Avenue, west of Kennedy Road (Figure 2).  The property contains a two storey single detached dwelling located on the south western portion of the property, to be retained.  The remainder of the property is undeveloped and is currently vacant.

 

The site generally slopes gently down from the northeast to the southwest towards the Bruce Creek in the west.  The south west portion of the site is located within and impacted by the Regional Flood Line as established by the Toronto and Region Conservation Authority.

The Bruce Creek and lands owned by the York Downs Golf Course adjoin the property to the west and north, the Unionville Montessori School and a Bell Canada utility building adjoin the property to the east, and single detached dwellings are located to the south, across 16th Avenue.

 

Official Plan designation

The subject lands are designated Agriculture (A1) and Hazard Lands with an overlay of Future Urban Area in the Official Plan.  The Future Urban Area overlay, established by OPA 5 as adopted in 1993, means the lands are intended for future urban development.

 

The Official Plan provides that urban development of lands in the Future Urban Area shall only be permitted following technical studies relating to sewer and water servicing, sub-watershed management, transportation and development charges schedules.  In addition, prior to any development on lands designated Future Urban Area, a Secondary Plan is to be prepared, approved and incorporated into the Town’s Official Plan.

 

Existing zoning

The lands are zoned Rural Residential Four (RR4) and Open Space One (O1) by By-law 304-87.

 

Proposal for condominium townhouses, freehold townhouses and single detached dwellings and a commercial block

The applicant is requesting an Official Plan Amendment, Zoning By-law Amendment and approval of a Draft Plan of Subdivision to permit 67 condominium townhouses, 17 freehold townhouses and 6 single detached dwellings (including the existing dwelling), a 0.58 ha (1.4 ac.) commercial block, a 0.05 ha (0.13 ac) parkette, and 0.47 ha (1.2 ac.) of buffer/valley lands (Figure 4 and 5).  The applicant indicates that the proposed development is to be marketed as an adult lifestyle community and targeted towards empty nesters.  The existing dwelling is not of heritage significance, however, the applicant proposes to retain the existing dwelling, to be incorporated as a lot the draft plan of subdivision.

 

March 2003, Development Services Report refers applications back to staff

In March 2003, staff forwarded a preliminary report to Development Services recommending that the applications be referred back to staff for further discussion with the applicant, and other property owners in the area, on the need for a comprehensive review of the future pattern of development in the Future Urban Area north of 16th Avenue and west of Kennedy Road.  A community information meeting was held on January 28, 2004.

 

Proposal revised in attempt to resolve staff’s concerns as outlined in the March 2003 Development Services report

The applicant met with staff on a number of occasions for consultation on the Town’s concerns.  The applicant’s most recent concept represents an improvement on the original submission, but further refinements are still required.  The revised proposal  (Figure 4) incorporates a 0.19 ha (0.46 ac) parkette at the northwest corner of Street ‘A’ and 16th Avenue and a 0.66 ha (1.6 ac) parkette and possible tot lot (Figure 5) on the west side of Street ‘A’ north of 16th Avenue.  The proposal deletes 3 blocks of townhouses and replaces them with 8 single detached dwellings fronting onto Street ‘A’.  The Discussion section of this report provides a brief summary of concerns/issues raised by staff in the preliminary report, discussed in relation to the revised proposal.

 

DISCUSSION:

 

Secondary Plan required for development of Future Urban Area

The Town’s Official Plan requires the preparation of a Secondary Plan prior to proceeding with any development of the subject lands.  Although designated with a Future Urban Area overlay in the Official Plan, the property is part of an area on the west side of Kennedy Road, south the Angus Glen community, not currently covered by a Secondary Plan. 

 

The requirement for a Secondary Plan is to ensure that any development within a ‘Future Urban Area’ is dealt with in a comprehensive manner based on overall district studies and technical analysis having regard to options for the future development of all surrounding lands.

 

The Unionville Montessori School, adjacent to the east of the Kylemore property is also within the Future Urban Area overlay and also subject to the same requirements of the Official Plan.   

 

The owners of the Montessori School, along with the owners of the York Downs Golf Course to the north and the previous owners of the Kylemore property (Deacons) to the west, previously developed a concept/illustrative plan outlining a possible future development scenario.  The concept plan was considered by Council as the basis for approving the new Montessori school, but has no official status.  It was developed for illustrative purposes only, to demonstrate that approval of the Montessori School development would not prejudice or limit options for a future Secondary Plan exercise.

 

Kylemore Homes has not provided staff a Secondary Plan or technical studies as required by the Official Plan, but they have provided staff with various concept plans.  However, the concept plans do not fully address the concerns outlined in the March 2003 report with respect to backlotting onto the valley lands, provision of a parkette of adequate size, deletion of through lots and provision of the extension of the east-west road on the Montessori site.  A revised proposal submitted by the applicant does further address the parkette issue.

 

East/West road required as a condition of approval of the Unionville Montessori School

As a condition of approval, the Unionville Montessori School was required to convey a strip of land, along their north property limit, to the Town for future public road purposes.  The width of the strip of land is equal to one half of a future road allowance (8.5 m/27.8 ft).  The future road link to Kennedy Road would ensure adequate access for the school and the surrounding lands.  Access options for all of the surrounding lands are enhanced by the proposed connection to Kennedy Road.  However, the current proposal by Kylemore does not include an extension of this proposed road.  Exclusion of this road extension would limit access options for the remainder of the lands in the area, in particular the properties now fronting onto Kennedy Road.

 

Kylemore Home’s concepts provide an east/west road further north of the subject property.  The applicant’s contend that the provision of the road further north, allows for it to be aligned with the conceptual road pattern to the east, across Kennedy Road in the Breczy Community and therefore, would make the east/west road along the north limit of the Unionville Montessori School redundant.  However, the lands required for the east/west road proposed by the applicant are not owned by the Town or the applicant.  If the applicant’s road proposal is accepted, lands to complete this road could only be acquired at a future date.

 

 

 

Kennedy Road property owners are concerned about future development of their lands

Property owners along the west side Kennedy Road (9332 to 9392 Kennedy Road) expressed an interest, at the January 28, 2004 information meeting, in a possible land assembly that would combine their lands with the subject lands.  They commented that the Kylemore proposal could inhibit their ability to redevelop their properties, should internal access arrangements not be addressed. 

 

Proposed plan does not have a water allocation or sanitary sewer capacity

The proposed plan of subdivision does not have a water allocation or sanitary sewer capacity.  Any future draft approval can not be recommended until there is an assignment of water allocation and sewer capacity for this proposed plan.

 

Residents to south expressed concerns at Community Information meeting

On January 28, 2004, a Community Information meeting was held in the Council Chambers.  Area residents to the south expressed concern regarding future traffic generated from the proposal.  Residents also noted that they are presently encountering difficulty turning out of their subdivision onto 16th Avenue (from Aitken Circle) due to traffic volumes on 16th Avenue. 

 

The residents requested that the applicant’s traffic study should encompass a larger study area (i.e. also include potential/future traffic generated from the development of the northeast corner of 16th Avenue and Kennedy Road).  The Region of York has jurisdiction over the 16th Avenue access.  The submitted traffic study will be reviewed by the Region in conjunction with the Town’s Engineering Department.

 

Proposed connection to 16th Avenue does not align with road to the south

The applicant’s revised proposal provides a connection to 16th Avenue (Street ‘A’) which is offset from the existing street to the south across 16th Avenue (Aitken Circle) and is located approximately 260 metres west of the intersection of Kennedy Road and 16th Avenue.  Town standards typically require streets to be aligned in order to provide safe turning movements and proper sight lines.  However, the Region of York has jurisdiction over 16th Ave, and would not permit a signalized intersection less than the 260 metres from the Kennedy Road and 16th Avenue intersection.  The applicant’s traffic engineer indicates that the introduction of a traffic signal at Street A (approximately 260 metres west of Kennedy Road) should help vehicle turning movements into and out of Aiken Circle.  The new signal will provide additional gaps for longer periods of time to minimize the delay for vehicles using Aitken Circle. 

 

Street ‘A’ on the plan, 260 m from Kennedy Road, is in close proximity to the valley edge.  Town staff recommended a single loaded road, aligning Street ‘A’ with the valley corridor, to avoid backlotting onto the valley.  The applicant’s concept plans continue to indicate Street ‘A’ offset from the valley allowing backlotting.  The applicant’s concept could be revised to align Street ‘A’ with the valley corridor by relocating street ‘A’ and the access to 16th Avenue further west (Figure 7), or by shifting the alignment of street ‘A’ within the plan, north of 16th Ave..  

 

 Appropriateness of commercial development to be assessed

Staff have indicated that the appropriateness of the commercial development, and a possible range of commercial uses, has yet to be assessed.  The proposal requires a detailed review to assess the relationship of the proposed commercial and residential uses in an area context.  Area residents also expressed concern with certain potential uses in the commercial block.  For example, the residents would not be in favour of drive through restaurants.  To date, staff have not received a conceptual site plan for the commercial site or a list of proposed uses.

 

Subdivision design concerns

Concerns expressed by the Town’s Planning & Design staff include:

 

-         plan needs to be reviewed on a comprehensive basis with other properties in the area

-         the size and usability of the parkette

-         relationship of the road and lotting to the valley lands

-         the relationship and setback of the condo townhouses on the east property line to the Montessori school and the residential properties to the north fronting onto Kennedy Road.

-         proposal does not provide for an extension of the access road from Kennedy Road through the Montessori school site; there is a need to confirm appropriate location of east west road in consultation with area landowners.   

 

While Town staff acknowledge that the applicant has worked with the Town and provided various concepts (Figures 8 – 11) and revisions to their plan, the applicant and Committee are advised that staff are of the opinion that the proposal does not address all the concerns identified in the March 2003 report.  Attached as Figure 7 is a concept drafted by Town staff showing alternative design principles.

 

Sanitary sewer easement extends through rear yards

An existing sanitary sewer easement extends through the rear yards of the easterly condominium blocks.  Any future servicing of the sewer would require a disruption to these blocks.    This must be considered in relation to the pattern of development.

 

FINANCIAL CONSIDERATIONS

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

 

ENVIRONMENTAL CONSIDERATIONS:

The applications have been circulated to the Toronto and Region Conservation Authority.  Their comments and conditions will be incorporated into the Official Plan amendment, Zoning By-law and draft conditions.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to Town Departments for review and comments.  All conditions and requirements received will be addressed and incorporated in the recommendation report.

 

 

CONCLUSION:

The issues and concerns raised in the March 2003 report and further detailed in this report were intended to be resolved and addressed prior to a Public Meeting being called.  While the applicant has provided area concepts and revised the proposal,  many of the issues are not fully resolved.  However, it would be appropriate for Committee to schedule a Public Meeting to receive public input on the proposal at this time.

 

The staff concerns and possible alternative design principles will be addressed in a recommendation report following the public meeting.

 

 

 

 

 

 

 

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\ZONING\03 119739 Kylemore Homes\Sept21report.doc

 

 

 

ATTACHMENTS:                Figure 1 – Applicant/Agent and Location Map

                                                Figure 2 – Area Context and Zoning

                                                Figure 3 – Air Photo

                                                Figure 4 – Proposed Draft Plan

                                                Figure 5 – Parks Configuration

                                                Figure 6 – Future Urban Area Boundaries

                                                Figure 7 – Town’s Concept

                                                Figure 8 – Applicant’s Concept No. 1

                                                Figure 9 – Applicant’s Concept No. 2

                                                Figure 10 – Applicant’s Concept No. 3

                                                Figure 11 – Applicant’s Concept No. 4

                                               

APPLICANT/AGENT:          Angus Glen Development Ltd

                                                Attn:  Michael Montgomery

                                                10060 Kennedy Road

                                                Markham, ON

                                                L6C 1N9

                                                Tel:  (905) 887-0090

                                                Fax:  (905) 887-5197