RECOMMENDATION:
That the staff report entitled
“Box Grove Hill Developments Inc. & Box Grove North Inc. (19TM-030012),
Animate Construction Ltd. (19TM-030014), and Balgreen Holdings Inc. &
Winter Garden Estates Inc. (19TM-030015) Phase One. Proposed plans of subdivision and
implementing zoning by-law amendments, Box Grove Planning District” dated May
18, 2004, be received;
And that the three plans of
subdivision in Phase One of the Box Grove Community be draft approved as
outlined below, subject to draft approval not being issued until the Region of
York has confirmed in writing that sufficient sanitary sewer capacity is
currently available and assigned by the Region to accommodate the 1365 units
included in Phase One, and that the said sanitary sewer capacity is in addition
to sanitary sewer capacity available to other draft plans and site plans
previously approved by the Town.
Box
Grove Hill Developments Inc. and Box Grove North (19TM-030012)
That
Phase One of draft plan of subdivision 19TM-030012 (SU. 03-115555) located east
of 9th Line, north of 14th Avenue, proposed by Box Grove
Hill Developments Inc. and Box Grove North Inc., be draft approved subject to
the conditions outlined in Appendix ‘A’;
That
zoning application (ZA.03-115538) to amend By-law 304-87 and By-law 177-96,
submitted by Box Grove Hill Developments Inc. and Box Grove North, for lands
east of 9th Line, north of 14th Avenue, be approved and
the implementing Zoning By-laws attached as Appendix ‘D’ be finalized and
enacted;
That
water and sewage allocation for 826.5 units be granted to Box Grove Hill
Developments Inc. and Box Grove North (19TM-030012) subject to written
confirmation from the Trustee of the Box Grove Developers Group that water
supply has been made available from the total water and sewage allocation
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;
That
the Region of York be advised accordingly; and
That
Box Grove Hill Developments Inc. and Box Grove North Inc. provide the Town with
the required subdivision processing fees in accordance with the Town’s Fee
By-law (By-law 170-2000).
Animate
Construction Ltd. (19TM-030014)
That
Phase One of draft plan of subdivision 19TM-030014 (SU.03-116450) located east
of 9th Line, north of 14th Avenue, proposed by Animate
Construction Ltd., be draft approved subject to the conditions outlined in
Appendix ‘B’;
That
zoning application (ZA.03-11324) to amend By-law 304-87, By-law 194-82, and
By-law 177-96, submitted by Animate Construction Ltd., be approved and the
implementing Zoning By-laws attached as Appendix ‘D’ be finalized and enacted;
That
water and sewage allocation for 46.5 units be granted to Animate Construction
Ltd. (19TM-030014) subject to written confirmation from the Trustee of the Box
Grove Developers Group that water supply has been made available from the total
water and sewage allocation 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
the Region of York be advised accordingly; and
That
Animate Construction Inc. provide the Town with the required subdivision
processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);
Balgreen
Holdings Inc. and Winter Garden Estates Inc. (19TM-030015)
That
Phase One of draft plan of subdivision 19TM-030015 (SU.03-116579) located east
of 9th Line, south of 14th Avenue, proposed by Balgreen
Holdings Inc. and Winter Garden Estates Inc., be draft approved subject to the
conditions outlined in Appendix ‘C’;
That
zoning application (ZA.03-116573) to amend By-law 304-87 and By-law 177-96,
submitted by Balgreen Holdings Inc. and Winter Garden Estates Inc., be approved
and the implementing Zoning By-laws attached as Appendix ‘E’ be finalized and
enacted;
That
water and sewage allocation for 457 units be granted to Balgreen Holdings Inc.
and Winter Garden Estates Inc. (19TM-030015) subject to written confirmation from
the Trustee of the Box Grove Developers Group that water supply has been made
available from the total water and sewage allocation 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;
That
the Region of York be advised accordingly; and
That
Balgreen Holdings Inc. and Winter Garden Estates Inc. 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 approval, subject to conditions, of
Phase One of the three proposed draft plans of subdivision (Box Grove Hill
Developments & Box Grove North 19TM-030012, Animate Construction Ltd.
19TM-030014, and Balgreen Holdings Inc. & Winter Garden Estates Inc.
19TM-030015) within the Box Grove area, and enactment of implementing zoning
by-laws.
BACKGROUND:
The
Box Grove Community is bounded by Highway 407 to the north, the CP Havelock
Rail Line and Reesor Road to the east, the CN York Rail Line to the south, and
9th Line and the Rouge River to the west (Figure 1). The community is approximately 320 hectares
in size and includes the former Box Grove Hamlet, which is approximately 45 hectares
in size.
Three draft plans of subdivision have been
submitted for the Box Grove area
Three draft plans of subdivision have been submitted
for the Box Grove area, which occupy a total area of 214.08 hectares (528.98
acres). The plans include community
amenity uses, employment uses, parks, conservation of woodlots and valleylands,
and a total of 2064.5 residential units. In keeping with the Town’s current
water allocation policies, only the lands that have water allocation (144.45
ha) are proposed to be draft approved and rezoned at this time. Each draft plan (Phase 1) is described in
greater detail below. The specific
boundaries of the three proposed draft plans (all phases) of subdivision are
outlined in Figures 1, 2 and 3.
(1) Box Grove Hill Developments Inc. & Box
Grove North
Phase One of this plan of subdivision is located east
of 9th Line, north of 14th Avenue (Figure 5). The applicant is proposing to construct 826.5
residential units: 683 single detached
units, 111 townhouse units, and 24 semi-detached units. There are also a number of reserve blocks
that when combined with adjoining lands to the west and south (Animate
Construction Ltd) will complete 1 semi-detached and 16 single detached units. The proposed residential lotting is outlined
below:
|
Unit Type
|
Frontage
|
No. of Units
|
|
Metres
|
Feet
|
|
Single Detached
|
10.4
|
34.1
|
173
|
|
Single Detached
|
12.8
|
41.9
|
360
|
|
Single Detached
|
14.0
|
45.9
|
150
|
|
Semi-Detached
|
7.5
|
24.6
|
24
|
|
Townhouses
|
6.0
|
19.6
|
111
|
|
Future units from blocks (17 part lots)
|
8.5
|
|
TOTAL
|
826.5
|
The plan also includes the following (Figure 5):
- 0.28 ha (0.69 acre) park block intended to be combined with lands
to the west to complete the majority of the Box Grove Community Park
- Portions of two minor tributaries (Tributaries ‘A’ and ‘B’) of the
Little Rouge Creek having an area of approximately 16.78 ha (41.46 acres)
- A portion of a minor tributary to the Rouge River (9th
Line tributary)
- A 1.2 ha (2.8 acre) woodlot block
- 14.912 ha (36.8 acres) of employment lands.
- Community Amenity blocks at 14th Avenue and 9th
Line By-Pass
- A 2.44 ha (6.02 acre) school block to be developed as a catholic
elementary school
- Storm water management pond blocks associated with the minor
tributaries ‘A’ and ‘B’
There are an additional 512.5 residential units
proposed within the applicants lands (future phases) (Figure 5), which will be
brought forward for draft approval at a later date when additional water
allocation becomes available.
The Memorandum of Understanding requires that 42.5 ha
(105 acres) of employment lands be provided within Box Grove. An additional
20.38 ha (50.3 acres) of employment lands will be made available as part of
Phase 2. The remainder of the required employment lands are located east of
this draft plan of subdivision.
Draft plan of subdivision has been slightly modified
from its original submission
The original draft plan of subdivision has been
modified to reflect agency and staff comments.
The following minor modifications have been included in the proposed
draft plan of subdivision (Figure 5):
- School block has been shifted slightly north to address vehicular
access concerns raised by the York Region Catholic Separate School Board
- 10 metre environmental buffer has been provided around the woodlot
- Additional walkway connection has been provided to Tributary ‘A’
- Backlotting has been eliminated on the 9th Line By-Pass
- Community Amenity – Village Centre located at the northeast corner
of realigned 9th Line and 14th Avenue has been
reconfigured to create a desirable urban space
- Lot mix has been adjusted throughout the plan to provide a better
streetscape
It should be noted that there are three lots proposed
to encroach (approximately 2 metres) into the 10 metre environmental buffer of
Tributary ‘A’ in order to provide a more efficient lot configuration. This encroachment is subject to
justification, and demonstration of a net environmental benefit overall, through
the overall Environmental Impact Study being prepared for the Box Grove
area. The conditions of draft plan
approval (Appendix A) include a provision to ensure that the Environmental
Impact Study for Box Grove will address the encroachment into the environmental
buffer, to the satisfaction of the Town.
The
applicant is proposing single detached units on wide shallow lots with
frontages of 10.4 metres (34.1 feet), whereas the Town’s Urban Expansion By-law
requires a wide shallow lot to have a minimum frontage of 10.7 metres (35.1
feet). Further, the applicant is
proposing double car garages on wide shallow lots with
frontages of 12.8 metres (41.99 ft.) to 14 metres (45.9 ft) whereas the current
Town standard would require a wide shallow lot to have a minimum 13.3 metre
(43.6 ft.) frontage in order to accommodate a double car garage. Similar standards have been provided for in
other communities such as Greensborough, which have allowed for double car
garages on lots with frontages of 12.5 metres, with a reduced garage width of
5.5 metres (double door), rather than
6.1 metres (two garage doors).
From a streetscape perspective, the proposed housing product would be
considered acceptable and will be reflected in the implementing zoning by-law
(Appendix D and E).
(2) Animate Construction Ltd.
Phase one of this plan of subdivision is located east
of 9th Line, south of 14th Avenue (Figure 6). The applicant is proposing to construct 46.5
single detached units. There are also a
number of reserve blocks that when combined with lands to the north and east
(Box Grove Hill Developments and Box Grove North) will complete 1 semi-detached
unit and 16 single detached units. The proposed residential lotting
comprises:
|
Unit Type
|
Frontage
|
No. of Units
|
|
|
Metre
|
Feet
|
|
|
Single Detached
|
10.4
|
34.1
|
26
|
|
Single Detached
|
12.8
|
41.9
|
12
|
|
Future units from blocks (17 part lots)
|
8.5
|
|
Total
|
46.5
|
The plan also includes the following (Figure 6):
·
A 7.7 ha (19.0 acre) park block representing the
majority of the community park block
·
A 0.636 ha (1.573 acre) portion of a woodlot
·
Community Amenity – Village Centre block at 14th
Avenue
The original draft plan of subdivision has been
slightly modified to include a 10 metre environmental buffer around the
woodlot, and there has been some adjustments made to the lot mix to provide a
better streetscape.
As with the Box Grove Hill
Developments Inc. & Box Grove North plan of subdivision, noted above, the
applicant is proposing wide shallow lots with 10.4 metre frontages and double
car garages on wide shallow lots 12.8 metre frontages. Again from a
streetscape perspective, the proposed housing product would be considered
acceptable.
(2) Balgreen Holdings Inc.
& Winter Garden Estates Inc.
Phase one of this plan of subdivision is located east
of 9th Line, south of 14th Avenue (Figure 4). The applicant is proposing to construct a
total of 457 units: 354 single detached
unit, 58 semi-detached units, and 35 townhouse units. There are also a number of reserve blocks
that when combined with lands to the east (Ibrans Development Inc.) will
complete 20 single detached units. The proposed residential lotting comprises:
|
Unit Type
|
Frontage
|
No. of Units
|
|
Metre
|
Feet
|
|
Single Detached
|
11.6
|
38.1
|
149
|
|
Single Detached
|
12.8
|
41.9
|
182
|
|
Single Detached
|
13.4
|
43.9
|
23
|
|
Semi-Detached
|
7.5
|
24.6
|
58
|
|
Townhouses
|
7.5
|
24.6
|
35
|
|
Future units from blocks (20 part lots)
|
10
|
|
TOTAL
|
457
|
The plan also includes a 2.4 ha (6.0 acre) school
block combined with a 2.0 ha (4.9 acre) neighbourhood park block. The school is proposed to be developed as a
public elementary school.
There are an additional 232.5 residential units
proposed within the applicant’s lands (future phases), which will be brought
forward for draft approval at a later date when water allocation becomes
available for these additional residential units.
Draft plan of subdivision has been slightly modified
from its original submission
The original draft plan of subdivision has been
modified to reflect agency and staff comments.
The following minor modifications have been included in the proposed
draft plan of subdivision (Figure 4):
- Creation of an open space block adjacent to school block in order
to preserve a stand of Bur Oak trees
- Roads south of the school block have been reconfigured in order to
preserve two existing Heritage houses in their original location
- Additional parkette provided adjacent to Heritage houses
- Lot mix was adjusted to provide a better streetscape
Community Design Plan for the Box Grove Area is
being finalized
The Community Design Plan for the Box Grove area was
endorsed by Council on January 27, 2004, subject to the necessary revisions to
the plan and document to be approved by the Commissioner of Development
Services. The revisions to the plan will
include:
- Refinement of vision for the Village Centre reflected in draft
plans; and
- preservation of a hedgerow of mature Bur Oak trees south of 14th
Avenue, east of 9th Line, adjacent to the school block
Local street patterns shown in the Community Design
Plan are conceptual and will be finalized at the draft plan approval
stage. The modifications noted above
will be finalized prior to registration of the draft plans of subdivision. This provision has been included in the
conditions of draft plan approval (Appendix A, B and C).
Proposed densities comply with Secondary Plan
On November 18, 2003 the Ontario Municipal Board approved
the Box Grove Planning District Secondary Plan (OPA 92).
The distribution of land uses and open space areas for
the three proposed plans of subdivision are generally consistent with the land
use designations and densities identified within the Secondary Plan. The proposed densities for each plan of
subdivision are described below:
Urban
Residential – Low Density II
|
Plan of Subdivision
|
Permitted Density
|
Proposed Density
|
|
Units/Hectare
|
Units/Acre
|
|
Box
Grove Hill Developments Inc. & Box Grove North
|
17.0
to 37.0 units per hectare
(6.8
to 14.9 units per acre)
|
26.8
|
10.85
|
|
Animate
Construction
|
27.0
|
10.9
|
|
Balgreen
Holdings Inc. & Winter Garden Estates
|
24.8
|
10.0
|
Community
Amenity Areas
|
Plan
of Subdivision
|
Community
Amenity Area I
17 to 37 uph (6.8 to 14.9
upa)
|
Community
Amenity Area – Village Centre
30 to 80 upa (12 to 32 upa)
|
|
Box
Grove Hill Developments Inc. & Box Grove North
|
35.7 uph (14.4 upa)
|
48.2 uph (19.5 upa)
|
|
Animate
Construction
|
34.2 uph (13.8 upa)
|
_ _ _ _
|
|
Balgreen
Holdings Inc. & Winter Garden Estate
|
_ _ _ _
|
38.1 uph (15.4 upa)
|
The
proposed plans (Phase One) represent 89% low density and 11% medium density
housing, whereas the Secondary Plan targets 77% low density housing and 23%
medium density housing. Although these
Phase One plans do not meet the housing type mix targets, the overall densities
within Box Grove are consistent with the requirements of the Secondary
Plan. Further, the Community Design Plan
refined those housing type mix targets noted in the Secondary Plan and the
proposed housing mix within the plans of subdivision are consistent with the
Community Design Plan, as endorsed by Council.
Box
Grove Developers are signatories to Memorandum of Understanding
The
Owners entered into a Memorandum of Understanding with the Town of Markham and
the Region of York on June 13, 2002 outlining obligations of all three parties
towards transportation and servicing improvements for the Box Grove
community. Among other matters, the
Memorandum of Understanding includes commitments by the developers to:
- Install municipal water
to the property line of each remaining lot in the existing Box Grove
Hamlet, as part of the preservicing of the first phase of subdivision
which is draft plan approved and zoned within the Box Grove Planning
District.
- Oversize sanitary
sewers to accommodate existing properties in the Box Grove Hamlet, as part
of the underground servicing for the Secondary Plan area.
- Realign 9th
Line south of Highway 407 to the east around the existing Hamlet of Box
Grove to relieve north-south traffic through the existing hamlet, and to
improve the functioning of the intersection at 9th Line and 14th
Avenue.
- Construct a road that
could form part of the Markham By-Pass as an unlit two lane rural
cross-section within a 20 metre right-of-way commencing from the point of
intersection where the 9th Line By-Pass meets the CPR Havelock
Line, northeast to a point of connection with the approach ramp to Highway
407.
- Provide a minimum of
42.5 hectares (105 acres) of employment lands. (As previously noted above,
Phase 1 will provide 14.9 hectares (36.8 acres) of employment lands.)
These
and other items addressed in the Memorandum of Understanding, modified as
appropriate, will be incorporated into the Development Phasing Plan for the
area. A separate report to deal with the
Box Grove Development Phasing Plan will be presented to Development Services
Committee meeting on May 18, 2004, for endorsement. The conditions of draft plan approval for
all three plans of subdivision (Appendix ‘A’, ‘B’ and ‘C’) contain provisions
to ensure that transportation and servicing improvements noted in the Phasing
Plan are carried out as they apply to these plans of subdivision (Phase 1), to
the satisfaction of the Town. Also, as a
condition of draft plan approval the Developers Group will be required to enter
into a Development Phasing Agreement with the Town and the Region.
Box
Grove Developers Group Agreement being finalized
A
Developers Group Agreement for the Box Grove Secondary Plan area is required in
order to secure community facilities including parkland, and to compensate the
landowners on whose properties the community facilities are located. All three applicants will be required to
become party to the Box Grove Developers Group Agreement. The conditions of draft approval include
provisions requiring the Owners to become signatories to the Box Grove
Developers Group Agreement, and provisions requiring the Owner to provide a
letter from the Trustee advising that the Owners have made arrangements to
satisfy all obligations related to the plans, financial or otherwise, as set
out in the Developers Group Agreement.
OPTIONS/DISCUSSION:
Certain site-specific technical studies remain to
be completed
The
District wide technical studies such as Transportation Study, Internal Traffic
Study, Functional Servicing Plan, Environmental Drainage Plan, Environmental
Impact Study have all been submitted and will need to be finalized prior to
registration of any phase. Also, the
applicant will be required to complete a detailed Noise Study, Natural Features
Study, and a Woodlot Management Plan, to the satisfaction of the Town, prior to
registration of any phase.
Provision of parkland remains to be finalized
The parkland and open space blocks within the proposed
draft plans of subdivision will be dedicated to the Town of Markham with the
registration of the first plans of subdivision for each landowner. The Phasing Plan for Box Grove requires that
neighbourhood parks be constructed and delivered when 25% of the population in
Phase 1 is achieved, subject to sufficient Development Charge reserves held by
the Town.
The Secondary Plan requires that public parkland be
provided within the Box Grove Planning District at a rate of 2% of the land
area for non-residential development plus 1.62 hectares per 1,000 people (4
acres per 1,000 people) for residential development. According to these provisions, the three
proposed draft plans of subdivision are required to provide a total of 14.24 ha
(35.18 acres) of parkland, whereas 13.68 ha (33.8 acres) are being provided,
for an under dedication of 0.569 ha (1.405 acres) of parkland. This under dedication is at the Town’s
request so that the 0.569 ha (1.405 acres) of parkland can be located on lands
west of the Community Park, on non participating lands. There are some grading constraints on the
proposed Community Park block and these additional lands are required in order
to program the Community Park to accommodate all the necessary active
recreational facilities.
The conditions
of draft plan approval include a provision requiring each Owner to work with
the Developer’s Group Trustee to secure terms and conditions that would
guarantee conveyance of all parkland as required for the Box Grove area, to the
satisfaction of the Town.
Area
Specific Development Charge By-law required
An
area specific Development Charge By-law needs to be in effect prior to the
release of lands for development. The
Area Specific Development Charge By-law is expected to be in place by August 2004.
Water
and sewage allocation is available
1,365
units have been allocated for the Box Grove Secondary Plan area in accordance
with the provisions of the Memorandum of Understanding. The distribution of water and sewage amongst
these three draft plans of subdivision will be the responsibility of the
Trustee for the Box Grove Developers Group, subject to the Town of Markham’s
concurrence. The assignment of allocation amongst the three draft plans of
subdivision is as follows:
|
Plan
of Subdivision
|
Water
Allocated
|
|
Box
Grove Hill Developments & Box Grove North
|
826.5
|
|
Animate
Construction Ltd.
|
46.5
|
|
Balgreen
Holdings Inc. and Winter Garden Estates Inc.
|
457
|
|
Total
|
1330
|
36
units have been reserved for lands on the south side of 14th Avenue,
west of Tributary ‘B’ (Ibrans Development Inc.)
The 100 water units required for the existing dwelling units within the
Hamlet will be allocated from the Infill Reserve. The conditions of draft approval (Appendix A,
B and C) include a provision requiring the applicants to provide a letter from
the Developer’s Group Trustee advising that there is sufficient water and
sewage allocation, in accordance with the Development Phasing Plan. A provision has also been included in the conditions
of draft approval (Appendix A, B and C) requiring the Owner to acknowledge that
the Town has a right to revoke and reallocate such water allocation, should
construction not proceed in a timely manner.
The Region of
York report dated May 5, 2004, received by the Transportation and Works
Committee entitled, “Strategic Approach to Managing Impact of Infrastructure
Approval Delays” outlined sanitary capacity constraints in the York/Durham
Sanitary Sewer Trunk (YDSS) and population/development restrictions to + 2008,
when the 16th Avenue Phase II and Southeast Collector Sewer are
proposed to be constructed. The Region
outlined a preliminary indication of proposed population caps for each
municipality to 2008, which will be reviewed with area municipalities. Town staff have consulted the Region relative
to the emerging sanitary sewer capacity constraints, and Regional staff have
advised that they are not requesting that any restrictions be placed on the
draft plan approval for Phase One of the Box Grove area relative to sanitary
sewer. Written confirmation from the
Region is required to confirm that sufficient sanitary sewer capacity is
currently available and assigned by the Region to accommodate the 1,365 units
included in Phase One, and that said sanitary sewer capacity is in addition to
the sanitary sewer capacity available to other draft plans and site plans
previously approved by the Town. Further
discussions with the Region will be required as to future phases.
Stormwater
management
With
respect to stormwater, the majority of the lands east of 9th Line,
north of 14th Avenue area will drain into the three proposed
stormwater management ponds located on the north side of 14th Avenue
(Figure 5). Overland flow will be
directed to the tributaries. A portion
of the employment lands located between 9th Line and Tributary ‘A’
will drain into the 9th Line tributary to the storm water management
pond located immediately south of the Community Park.
The
lands south of 14th Avenue are intended to drain south to the storm water
management pond proposed just north of the CN Railway/Hydro lands.
Sanitary
Sewer Capacity
With
respect to sanitary sewers, all three plans of subdivision are proposed to
connect to points on the existing York Durham Sanitary Sewer, which traverses
the Box Grove area.
York
Region has recently advised of sanitary sewer capacity constraints in the
YDSS. Although the Region has provided
conditions of draft approval for all three draft plans, a condition is included
requiring confirmation from the Region that sewer capacity assigned to these
plans is in addition to draft plans and site plan previously approved by the
Town.
Timing
of construction for Town arterial road / Markham By-Pass link
The
Secondary Plan has identified a right-of-way and route alignment for a Town
Arterial Road, from the realigned 9th Line where it meets the CPR
Havelock Line northeast to the Highway 407/Markham By-Pass ramp/interchange,
which could potentially accommodate a portion of the required Planned Link for
the Markham By-Pass, subject to its confirmation as the most appropriate route
through an Environmental Assessment Study.
The Secondary Plan also calls for the first stage of the Town Arterial
Road, consisting of a minimum two lane rural collector road to be constructed
and operational concurrent with the completion of the interchange.
As noted earlier in the report, the Memorandum
of Understanding (MOU) also requires the developers to construct a two-lane
rural collector road (i.e. as a first stage of the Town Arterial Road) within a
time frame to the satisfaction of the Town, “such time frame to be linked to
the release of lands for development in accordance with the Development Phasing
Plan to be approved”.
The Highway 407 /Markham By-pass interchange is
currently under construction and is expected to be completed by early 2005. In
addition, the Region of York is currently in the process of finalizing the
terms of reference for an Environmental Assessment Study to determine the
ultimate location for the Markham By-Pass south of Highway 407. The Region of York anticipates that public
meetings for the EA will be held in the fall of this year or early 2005. It is expected that a recommendation on the
preferred route of the By-pass will be made by spring of 2005 and the EA filed
with the Ministry of Environment.
The Box Grove Developers propose to construct
the Town arterial road (potential Markham By-Pass) as part of Phase 2 of the
Box Grove area developments when there is a better understanding of the
ultimate location for the Markham By-Pass and when non-participating properties
can be secured. Staff would support a
schedule that would see the road completed by the end of 2006, for the
following reasons:
·
Construction of the road as
currently envisioned would require the acquisition /expropriation of the
necessary road right-of-way by the Town from non participating properties and
this process will involve time frames which will take at least to 2006 to
accomplish.
·
The Region’s EA Study is
expected by Spring 2005, and is required as part of the needs and justification
component of expropriation process by the Town.
·
Actual construction of a two
lane cross section from Highway 407 to the realigned 9th Line, once
the land is fully available, would be in the order of some 4 months, weather
permitting.
The developer (Box Grove Hill Developments Inc. and Box Grove North
Inc.) has committed to applying for draft plan approval for the remainder of
the employment lands within their ownership, in the near future, which would
dedicate the owner’s portion of the lands necessary to construct the two lane
rural road from Highway 407 to realigned 9th Line. Staff recommend the Owner be required to
commit in the Phasing Agreement and Subdivision Agreement to complete
construction of the road from Highway
407 to the 9th Line By-Pass by no later than December 31, 2006
subject to the availability of properties. The Town may need to expropriate required section(s) of
roadway from non-participating owner(s), and if required this would be at no cost to the Town, to
be financed through Development Charges.
The Development Phasing Plan must be updated to reflect
the timing of this road construction.
Further, the MOU provides that no Owner should receive building permits
for more than 80% of the total number of units within their ownership until the
By-Pass Link (Town arterial Road) is fully completed including across
non-participating owner(s) lands. While the currently proposed (Phase 1)
developments for Box Grove Hill Developments & Box Grove North as well as
the Balgreen Holdings Inc. and Winter Garden Estates Inc. subdivisions
represent less than 80% of the total number of units within their respective
ownerships, the current proposal for Animate Construction Ltd. represent 100%
of that Owner’s holdings in the area. To be consistent with the MOU,
Animate Construction Ltd. with a total of 46.5 units would have to be limited
to the construction of only 37 units as part of Phase 1 with the remaining 9.5
units to be constructed in the future. This does not appear appropriate
particularly in view of the fact that Animate would be dedicating 7.7 ha (19
acres) of parkland to the Town as part of their current development.
Staff does not object to a deviation from the MOU to allow Animate Construction
Ltd. to complete 100% of their holding as part of Phase 1.
Public
Meeting was held to consider 3 subdivision and zoning amendment applications
On
Tuesday, February 17, 2004, a public meeting was held to consider all three
proposed subdivisions and zoning amendment applications. The following summarizes the concerns raised
with respect to the subject lands (Phase 1) and how each issue has been
addressed:
9th
Line to be accessible during construction
One
resident inquired how access might be restricted on 9th Line during
construction. Construction vehicles will be accessing the subject lands from 14th
Avenue, and realigned 9th Line once it is constructed. Existing 9th Line is proposed to
remain operational at all times.
Staff
recommend a Local Improvement initiative to provide sanitary sewer connections
to existing homes on 9th Line and 14th Avenue
Questions were raised as to
whether there is an opportunity for sanitary sewer connections to be provided
to existing properties within the Box Grove Hamlet. Currently, the houses on the west side of 9th
Line, north of 14th Avenue have sanitary sewer connections, which
were provided through construction of the Minto subdivision (Legacy). The developer (Minto) upfronted the cost of
extending the sanitary sewers to the rear of the properties, and the existing
homeowners will reimburse the developers through the Town upon connection to
the services.
The Memorandum of
Understanding (MOU) requires the developers to provide a water connection to
the property line of existing homes within the Box Grove Hamlet, but there is
no requirement to provide sanitary sewer connections. The developers are obligated through the MOU
to oversize the sanitary sewers to accommodate existing properties within the
Box Grove area.
The Engineering Department
has undertaken a preliminary review of servicing the balance of the Hamlet and
have determined that while it may be possible to provide sanitary services to
some of the existing residences through sewers within the proposed developments,
many other existing residents cannot be accommodated. Staff recommendation, therefore, is that
sewers be installed on 14th Avenue and existing 9th Line
through a Local Improvement initiative or under Section 391 of the New
Municipal Act to serve the existing residences.
This would be the fairest way to deal with the servicing needs of all
the property owners in the area because the cost of such servicing is normally
paid for by the individual property owners through property taxes over a period of time and
the more properties
that are involved in the Local Improvement process the lesser the cost to the
individual property owners.
To date, area residents
have not requested that Box Grove be serviced with sanitary sewers through a
Local Improvement.
Environmental
concerns are being addressed
A
number of residents expressed concerns with the loss of wildlife and the
environmental impacts of development on wildlife. The Secondary Plan for the Box Grove area has
been approved by the Ontario Municipal Board, and the draft plans of
subdivision are consistent with the land uses outlined in the Secondary
Plan. All efforts have been made to
preserve tributaries and a woodlot (approximately 19 hectares) within the Box
Grove area in there natural state.
Lots
with larger frontages proposed adjacent to existing 9th Line
A
resident expressed concerns with the 12.5 metre (41 ft) lots proposed abutting
the existing houses on the east side of 9th Line. The draft plan of subdivision for the lands
south of 14th Avenue, east of 9th Line (Balgreen Holdings
Inc. & Winter Garden Estates Ltd.) conceptually showed lots with frontages
of 12.5 metres on a small portion of lands owned by the developer, and on
non-participating lands. The draft plan
of subdivision has been revised to show lots with frontages of 15.2 metres (50
feet) on the lands owned by the developer.
This will set a precedent to provide lots with a minimum frontage of
15.2 metres, abutting existing houses on the east side of 9th Line
when the non-participating lands develop in the future. It should be noted that the Town has received
a severance application for these lands.
The lands to be severed are to be included as part of Balgreen Holdings
Inc. & Winter Garden Estates Ltd. Phase 2 plan.
Rouge
Bank Drive to be signalized at realigned 9th Line
A
representative of the Legacy Ratepayers Group inquired about how Rouge Bank
Drive and the proposed 9th Line By-Pass would function. The Rouge Bank Drive access will not be
restricted, and the current signals at Rouge Bank Drive and existing 9th
Line, will be relocated to where Rouge Bank Drive meets the proposed 9th
Line By-Pass.
Acceptable
location for proposed gas bar
The
lands at the northwest corner of the employment collector road and proposed
Markham By-Pass are currently designated in the Secondary Plan to permit a gas
bar. A resident inquired about the
safety of locating a gas station at this intersection. These lands are not included within Phase
1. Access/egress for this property will
be reviewed in consultation with the Region of York at site plan approval
stage.
Additional
concerns raised by two residents following Public Meeting
Following
the public meeting, two additional letters were received by area residents
expressing concerns with traffic south of 14th Avenue, and the
potential location of the Markham By-Pass.
Proposed
road configuration south of 14th Avenue being reviewed by staff
A
resident raised concerns with respect to the proposed road configuration for
lands east of 9th Line, south of 14th Avenue (Balgreen
Holding Inc. & Winter Garden Estates Inc.), as it may relate to traffic
infiltration. Similar concerns have also
been expressed by certain Council Members.
The resident is particularly concerned that vehicles will continue to
utilize existing 9th Line, south of 14th Avenue to access
the proposed 9th Line By-Pass further south. The resident is also concerned with possible
impact from the headlights of vehicles using the local street (Street ‘13’) to
access existing 9th Line (Figure 4).
These lands are not included within Phase 1 however; staff have met with
the developer and certain Members of Council to discuss this matter. Staff will
continue to review these concerns and report back to Council on these matters
when the Phase Two lands are brought forward for draft plan approval.
Resident concerned with
proposed location of Markham By-Pass /
Town Road
The owner of 7960 Reesor Road has expressed
concern with the intended location of the proposed Town road and the possible
location of the Markham By-Pass link as shown in the Secondary Plan, and as it
relates to their property.
The alignment of the roads leading to and from
the Hwy. 407/Markham By-pass interchange, as shown in the Secondary Plan, would
require the acquisition of approximately 57 metres of the rear portion of the
non-participating property in question (7960 Reesor Road), resulting in a rear
yard setback of approximately 22 metres from the rear of the existing house on
that property to the proposed road right-of-way. Given the proximity of
this property to the interchange (approximately 250 metres distance) it is
likely that the ultimate alignment of the Town road and the possible Markham
By-Pass link would impact the rear portion of the property.
However, these lands are not part of the
current applications, and as previously noted, staff recommendation is to delay
the construction of this Town Road (possible Markham By-Pass) and to address
the timing of its construction through the Phasing Plan. The Town will continue to review the
alignment of the Town Road in relation to the property at 7960 Reesor Road in
consultation with the Ministry of Transportation, York Region, the developers
and the owners of the property in question.
Four heritage houses to be
preserved
There are a total of 28
Heritage buildings within the Box Grove Secondary Plan Area. 19 are located
within the existing hamlet along 9th Line and 14th
Avenue, and will not be impacted by the proposed new development. There are a
total of 4 heritage houses located within two different proposed plans of
subdivision, which are proposed to be retained or relocated, as described
below:
Heritage houses north of 14th
Avenue to be relocated
There are two heritage houses
located north of 14th Avenue (Box Grove Hill Developments Inc. &
Box Grove North Inc.) within areas designated for storm water management ponds
(Figure 4). These two heritage houses are proposed to be relocated to the
northwest corner of 14th Avenue and proposed 9th Line
By-Pass. The lands are proposed to be
zoned Community Amenity One (CA1), which would permit mixed use
residential/commercial uses. The
conditions of draft plan approval (Appendix A) contain provisions to ensure
that the heritage houses are relocated and restored, to the satisfaction of the
Town.
Heritage houses south of 14th Avenue to be
preserved
There are two heritage houses located east of 9th
Line, south of 14th Avenue (Balgreen Holdings Inc. & Winter
Garden Estates Inc.), which are proposed to be preserved on their original
sites. These heritage houses are located
on lands to be developed as part of a future phase (Phase 2); however,
provisions have been included in the Conditions of Draft Plan approval
(Appendix C) to ensure that heritage houses are restored, to the satisfaction
of the Town.
Sidewalk
and transit route requirements
Recently,
the location of sidewalks within residential subdivisions have become an issue
for purchasers/new residents and the Town.
The Town will require developers to advise all prospective purchasers of
future sidewalk locations, transit routes and bus stop locations by providing a
Sidewalk and Transit Route Plan in the sales trailer. The Sidewalk and Transit Route Plan will have
to be approved by the Town and the Region of York, prior to release of the
sales trailer or model home agreement.
Proposed zoning by-law amendments
In accordance with the Secondary Plan requirements,
the applicants have applied for zoning by-law amendments to implement the
proposed draft plans of subdivision.
The lands north of 14th Avenue are
currently zoned Agricultural One (A1), Rural Residential Four (RR4), and
Institutional (INST) under By-law 304-87, as amended, and a small portion on
the north side of 14th Avenue is zoned Rural Residential Housing
(RRH) under By-law 194-82, as amended.
It should be noted that in 1983, the majority of the northwest portion
of the plan was zoned Institutional (INST) under By-law 304-87 (Figure 2)
consistent with the Ministers Zoning Order, which permitted a cemetery use. Through the approval of the Box Grove
Secondary Plan by the Ontario Municipal Board, the Minister’s Zoning Order was
rescinded and the lands can now be rezoned to implement the proposed draft
plans of subdivision.
The lands south of 14th Avenue are currently
zoned Agricultural One (A1) and Rural Residential Four (RR4) under By-law
304-87, as amended (Figure2).
Draft amending zoning by-laws for the subject plans of
subdivision are attached as Appendix ‘D’ and ‘E’. Specific exceptions have been incorporated in
the implementing by-laws governing setbacks to Highway 407, permission for
double car garages on 12.8 metre wide shallow lots, setback standard for the
place of worship site, and permitted uses within Community Amenity Area (CA1)
(north west corner of 14th Avenue and 9th Line), which
mandates at grade retail, to ensure the local community focus of the Village
Centre is achieved.
CONCLUSION:
Phase One of the draft plan of subdivisions submitted
by Box Grove Hill Developments & Box Grove North (19TM-030012), Animate
Construction Ltd. (19TM-030014), and Balgreen Holdings Inc. and Winter Garden
Estates Inc. (19TM-030015) are generally acceptable. Staff recommend that the draft plans of
subdivision, as outlined in Figures 4,5 and 6 modified as discussed in this
report, be approved subject to the conditions of draft plan approval listed in
Appendices A, B and C, and that the implementing zoning by-laws contained in
Appendices D, and E be enacted.
FINANCIAL CONSIDERATIONS:
There
are no financial implications to be considered in this report.
ENVIRONMENTAL CONSIDERATIONS:
The
subdivision and rezoning applications for all three proposed draft plans of
subdivision have been circulated to the TRCA and their requirements are
reflected in the draft plan conditions and zoning by-laws. The two minor tributaries and woodlot will be
dedicated to the Town upon registration of Phase 1 of the Box Grove Hill
Development & Box Grove North, and Animate Construction Ltd. draft plans.
ENGAGE 21ST
CONSIDERATIONS:
The proposed draft plans of subdivision promote two
key goals set out in “Engage 21st Century Markham”, which includes:
Environmental Focus
- Registration
of the Box Grove Hill Development & Box Grove North and Animate
Construction Ltd. plans will bring two minor tributaries of the Rouge
River and woodlot into public ownership.
Managed Growth
- The
Box Grove Phasing Plan establishes a framework for the phasing and
coordination of infrastructure.
- Registration
of these plans will require the completion of the 9th Line
By-Pass.
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 Balgreen
Holdings Inc. & Winter Garden Estates Inc. plan of subdivision. Staff have included standard CP Railway
requirements to the conditions of draft plan approval, and these conditions
will be modified as appropriate, once comments from CP Railway have been
obtained, prior to final plan approval.
|
|
|
|
|
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
|
FIGURE
1
DOCUMENT:Q:\Development\Planning\APPL\SUBDIV\03
115555_BoxGroveHill\DSC_FinalReport.doc
ATTACHMENTS:
Figure
1: Location Map
Figure
2: Zoning/Area Context
Figure
3: Aerial Map
Figure 4: Proposed
Plan of Subdivision – Balgreen Holdings Inc. & Winter Garden Estates Inc.
Figure 5: Proposed
Plan of Subdivision – Box Grove Hill Developments Inc. & Box Grove North
Inc.
Figure 6: Proposed
Plan of Subdivision – Animate Construction Ltd.
Figure
7: Plans of subdivision as they
relate to Community Design Plan
Appendix A Proposed
Conditions of Draft Plan Approval – Box Grove Hill Developments Inc. & Box
Grove North Inc.
Appendix
B Proposed Conditions of Draft Plan
Approval – Animate Constructions Inc.
Appendix C Proposed
Conditions of Draft Plan Approval – Balgreen Holdings Inc. and Winter Garden
Estates Inc.
Appendix D Proposed
Zoning By-law Amendments – Box Grove Hill Developments Inc. & Box Grove
North Inc. and Animate Construction Inc.
Appendix E Proposed
Zoning By-law Amendments – Balgreen Holdings Inc. and Winter Garden Estates
Inc.
APPLICANT/AGENT: KLM Planning Partners Inc. Tel: (905) 669-4055
c/o
Roy Mason Fax:
(905) 669-0097
64
Jardin Drive, Unit 1B
Concord,
ON
L4K
