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TO: |
Mayor and Members of Council |
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FROM: |
Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design Alan Brown, Director of Engineering |
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PREPARED BY: |
Teema Kanji, ext. 4480 South District |
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DATE OF MEETING: |
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SUBJECT: |
RECOMMENDATION REPORT Box Grove Community Development Phasing Plan |
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RECOMMENDATION:
That the Box Grove Community Development Phasing Plan, dated March 2004,
completed by KLM Planning Partners Inc, Stantec Consulting Ltd. and URS Canada
Inc, and attached as Appendix ‘A’, be endorsed:
That the Commissioner of Development Services be authorized to modify
the Box Grove Community Development Phasing Plan as outlined in the report, and
as may be necessary to permit development to occur in keeping with the intent
of the Box Grove Secondary Plan and Memorandum of Understanding, as well as to
reflect the implementation of key transportation infrastructure and servicing
requirements including water and sewage allocation, and any requirements of the
Region of York;
That Council be kept appraised of any modifications to the Development
Phasing Plan that would have a significant effect on the overall delivery or allocation
of municipal services, roads or facilities, or the timing of approval of
development;
And
further that the Mayor and Clerk be authorized to execute a phasing agreement
with the Box Grove Developers Group outlining the phasing requirements and associated
implementation measures, to be fully executed prior to the release of any plans
of subdivision for registration.
PURPOSE:
BACKGROUND:
The Box Grove Community is bounded by Highway
407 to the north, the CP Havelock Rail Line and
It is anticipated that the community will be
comprised of approximately 2,600 residential units when fully developed. The Box Grove developers propose to begin
servicing the site (Phase Once) in summer/fall of 2004, and building
construction of Phase One (1,365 units) is proposed to commence in the spring
of 2005.
Development Phasing Plan required by Secondary Plan
On
Phasing Plan based on principles/directions set out in
Memorandum of Understanding and the Secondary Plan
The Development Phasing Plan prepared for the Box Grove area is guided
by the principles/directions set out in the Memorandum of Understanding and the
Secondary Plan. The Owners entered into a Memorandum of
Understanding with the Town of
The
studies in support of the Development Phasing Plan are completed and currently
being finalized.
Water Supply to existing Box Grove Hamlet expected
this year
As
noted above, the Developers are required under the Memorandum of Understanding
to install municipal water to the property line of each remaining lot in the
existing Box Grove Hamlet, coinciding with the first phase of preservicing in
the area. The applicant’s engineer has
advised that preservicing is expected to commence in late summer/early fall of
this year.
The Box Grove developers have prepared a
Development Phasing Plan, which proposes 3 phases of development
The
Development Phasing Plan (DPP) is a mechanism established as part of a larger program
for growth management by the Town. The
DPP’s primary function is to describe the intended sequence of development
within the Box Grove area as it relates to:
·
supporting infrastructure (9th
Line By-Pass, Markham By-Pass, realignment of
·
community facilities (
·
treatment of significant
natural features (tributaries ‘A’ and ‘B’, woodlot)
·
municipal water to service
the existing community
·
sanitary sewer to be sized
to accommodate existing community
The
draft Development Phasing Plan, attached as Appendix ‘A’ establishes 3 phases
to ensure the orderly sequencing of development. Phase 1 includes lands within three proposed
draft plans of subdivision (Box Grove Hill Developments & Box Grove North,
Balgreen Holdings & Winter Garden Estates Inc. and Animate Construction
Ltd.), which are close to draft approval, as well as lands owned by Ibrans
Development Inc., which recently submitted applications for rezoning and draft
plan approval (Figures 2 & 3). A
separate report to deal with draft plan approval for the three proposed draft
plans of subdivision noted above is being brought forward to Development
Services Committee meeting on
The
timing of development for subsequent phases (Figures 2 & 3) will depend on
confirmation by the Region of York and the Town of
PHASE
1: (Proposed
construction of 1,365 residential units)
Water
Sanitary
Sewers
Stormwater
Management Ponds
Roads
Parks
and Open Space
Schools
PHASE
2: (785 units to
be built when water and sewage allocation is granted):
Water
Stormwater
Management Pond and storm sewers
Sanitary
Sewers
Roads
Parks
PHASE
3
Water/Sewage
Allocation
The terms of the Memorandum of Understanding commit
the Town and the Region to certain matters including the granting of water and
sanitary sewer allocation for 1,365 units to accommodate Phase One of the Box
Grove developments, with the balance of the allocation to accommodate future
phases to be granted on or before December 31, 2004, subject to Regional
allocation to the Town of Markham. While
water allocation for 1,365 units has been set aside for Box Grove to date,
additional water allocation is dependent on the Region confirming additional
water supply to the Town of
In addition, Region of York staff have recently
identified emerging sanitary sewer capacity issues which will have a bearing on
the phasing of development in Box Grove.
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. Prior to draft approval being issued, the Region should be requested to
provide confirmation in writing that sanitary sewage capacity is currently
available for the 1365 units in Phase 1 of the Box Grove community, and that this
allocation is in addition to sanitary sewer capacity for previously approved
draft plans and site plans in the Town of Markham. Further discussions with the Region will be
required as to future phases of development in Box Grove.
Lands required to be expropriated
in order to construct Town Arterial Road and connection from 9th
Line By-Pass to the Legacy Community
As noted above, the Secondary Plan and the
Memorandum of Understanding require the developers to construct certain roads
within the Box Grove area, including:
Certain sections of these proposed roads are
located within lands owned by non-participating landowners (Figure 4). The
developers, through the Memorandum of Understanding have committed to
constructing these roads, at no cost to the Town, subject to the Town acquiring
the lands. The Memorandum of
Understanding further specifies that any such
land acquisition would be at no cost to the Town, and is to be financed through
Development Charges, which are currently being incorporated by the Town into
the Development Charges Background Study scheduled for Council approval in
August, 2004.
Town
arterial road /
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
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.
Required parkland located on lands owned
by non-participating owners
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 (Phase 1). The Phasing Plan
for Box Grove requires that neighbourhood parks be constructed and delivered
when 25% of the population in Phase One is achieved, subject to sufficient
Development Charge reserves held by the Town.
According to the requirements of the Secondary Plan, the three proposed
draft plans of subdivision (Phase 1) 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.
It should be noted that the draft Box Grove
Developers Group Agreement currently does not contain provisions to address the
securing of parkland under dedication within the subject plans. The Phasing
Plan should address how the developers are going to secure the remainder of the
lands required to complete the Community Park.
Proposed Box Grove Development Phasing
Plan must be modified to address additional matters
The Box Grove Secondary Plan sets out matters to be addressed in the
Development Phasing Plan. Staff have
reviewed the Box Grove Community Phasing Plan as it relates to the requirements
of the Secondary Plan and the Memorandum of Understanding, and have determined
that some items identified in the Secondary Plan have not been addressed in the
Phasing Plan. In addition, the
Engineering Department has noted additional matters, which must be addressed in
the Phasing Plan. The following is brief
outline of the items that need to be addressed in the Box Grove Community
Phasing Plan, prior to final approval:
The Region of York is currently in the process of reviewing the
Development Phasing Plan, and there may be additional items required to be
addressed by the developers, prior to final approval of the Development Phasing
Plan.
It should be noted that a provision has been included in the conditions
of draft plan approval for the subdivisions noted above that are located within
Phase 1, requiring finalization of the Box Grove Development Phasing Plan in
accordance with the items noted above (i.e. requirements set out in the Box
Grove Secondary Plan, Memorandum of Understanding, requirements of the Region
of York, and modifications noted in this report), prior to registration of any
plans.
Development Phasing Agreement required to
secure phasing requirements
It
has been the Town’s practice to require developers groups to enter into a
development phasing agreement with the Town, to secure the recommendations of
the approved development phasing plan. The Box Grove Secondary Plan requires that the
developers enter into a Development Phasing Agreement with the Town and the
Region regarding the implementation of the Development Phasing Plan. The Development Phasing Agreement for Box
Grove will formalize the items identified in the Secondary Plan and the
Memorandum of Understanding, including, among other items, the following:
It should be noted that a provision has been included in the conditions
of draft plan approval for the subdivisions noted above that are located within
Phase 1, requiring the Developers Group to enter into a Development Phasing
Agreement with the Town and the Region of York, prior to the registration of
any phase of development.
The Development Phasing Plan is
recommended for endorsement
The Box Grove Community Development Phasing Plan provides for the
development of lands owned by both participating and non-participating
landowners, and identifies the required infrastructure and community facilities
to be delivered during each phase of development. The Box Grove Community Development Phasing
Plan can be endorsed in principle subject to the revisions outlined in this
report. It is recommended that the
Commissioner of Development Services be authorized to approve the Development Phasing
Plan, modified as recommended in the report, and that the Commissioner of
Development Services be further authorized to modify the Development Phasing
Plan as necessary to permit development to occur in keeping with the overall
intent of the Box Grove Secondary Plan and Memorandum of Understanding, as well
as to reflect the implementation of key infrastructure and servicing
requirements including water and sewage allocation, and any requirements of the
Region of York. Staff will bring the
Development Phasing Plan back to Development Services Committee for further
direction should further modifications be required to the Development Phasing
Plan that would have a significant effect on the overall delivery of services,
roads or facilities, or the timing of approval of development.
FINANCIAL CONSIDERATIONS:
In accordance with the Memorandum of Understanding, the Town is required
to expropriate the lands over non-participating landowners in order to
facilitate the construction of the Town Arterial Road, and the road connection
from 9th Line By-Pass to Rouge Bank Drive (Legacy Community). These costs will be included in current
update of Town Development Charges.
LEGAL CONSIDERATIONS:
The Legal Department will be responsible for carrying out the necessary
legal proceedings to expropriate the lands over non-participating landowners,
in order to facilitate the construction of necessary roads within the Box Grove
area.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Box Grove Community Development Phasing
Plan has been circulated to the relevant agencies, including the Region of
York. All comments will be incorporated
into the Development Phasing Plan, prior to final approval by the Commissioner
of Development Services.
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Valerie
Shuttleworth, M.C.I.P., R.P.P. Director
of Planning & Urban Design |
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Jim Baird, M.C.I.P., R.P.P. Commissioner
of Development Services |
Alan Brown, C.E.T.
Director of
Engineering
FIGURE
1
FILE: Q:\Development\Planning\APPL\SUBDIV\03
115555_BoxGroveHill\DSC_BGPhasingPlan.doc
ATTACHMENTS:
Figure 1: Location Map
Figure 2: Phasing Plan – North of 14th
Avenue
Figure 3: Phasing Plan – South of 14th
Avenue
Figure 4: Lands required to be expropriated
Appendix ‘A’ Box Grove Community Development Phasing Plan
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
