RECOMMENDATION:
THAT the report entitled “Request for Council Endorsement
for the Town of Markham to enter into a development agreement with Metrus
Development Inc. regarding a parcel of industrial land located on the west side
of Markland Street south of Hillmount Drive”, File SA 00 243887; be received;
AND THAT
Council direct staff to prepare a development agreement, to be executed by the
Town of Markham and Metrus Development Inc. which will address, among other
things, the required land
dedications, road construction, public
works, financial requirements and securities associated with the registration
of the reference plan on the subject lands, to the satisfaction of the
Commissioner of Development Services, CAO and Town Solicitor;
AND
FURTHER THAT the Town not take title to the public use lands on the reference
plan (i.e. roads and environmental buffer) until such time as the required
development agreement has been executed to the satisfaction of the Town.
PURPOSE:
The purpose of this report is to provide
Council with background information relating to the subject lands, and to seek
Council endorsement of a proposed development agreement associated with the
creation of a lot on the subject lands.
BACKGROUND:
In May 1991, the Ontario Municipal Board
approved Draft Plan of Subdivision 19T-87110 (see Figure 2). The Draft Plan showed the subject lands as
four employment blocks fronting on Markland Street, and separated from the
eastern edge of the Rouge River valleylands by a 10 m. environmental
buffer. At the same time By-law 48-90,
which zoned the subject lands MC 50%, was also approved by the OMB.
Several years later, the OMB approved a
residential plan of subdivision on the lands east of Markland Street. The subject lands remained unchanged,
including the employment designation and zoning, the location of Markland
Street, and the 10 m buffer adjacent to
the Rouge.
In 1999 the Town prepared an environmental
assessment study for a new road extension affecting the subject lands. The EA was for the proposed extension of
Cachet Woods Court from west of the
Rouge Valley, across the subject lands, to provide additional road network to
serve this area and the new Cathedral Community to the north.
In September 2003, the applicant
requested the OMB to close all files relating to the approved draft plan of
subdivision 19TM-87001. This was on the
basis that it had became evident to the applicant that the developable
employment lands could be created as a separate parcel by conveying to the Town
the roads and buffer lands. Due to the
required conveyance of Markland Street (located on the east boundary of the
proposed lot), Cachet Woods Court (forming the southern boundary of the
proposed lot), the 10 m. buffer (western boundary of the proposed lot) and the
existence of the Town-owned open space parcel along the northern boundary of
the proposed lot, the proposed employment lot could be created as a “natural
severance” upon conveyance of these parcels to the Town, rather than through
registration of a plan of subdivision.
The OMB complied with the
applicant’s request, and has closed the file on the original 1991 Draft
Plan. As a result, the draft plan
approval pertaining to the subject lands (the only portion of the original
draft plan that had not been registered) has ceased to exist. The applicant is proposing to create the
proposed lot through a “natural severance”, by conveying the public use (road
and buffer) lands to the Town.
The applicant has recently
submitted a draft reference plan (see Figure 3), showing the proposed lot to be
created, and the following parcels to be conveyed to the Town:
·
the Markland Drive right of way,
·
the proposed right of way for the
Cachet Woods Court extension,
·
the configuration of the
Markland/Cachet Woods Court intersection, and
·
the 10 m buffer adjacent to the
Valleylands.
Staff are satisfied with the
configurations of these parcels as shown in the draft reference plan.
OPTIONS/DISCUSSION
The Town has an interest in acquiring the lands
for the road extensions through the subject property, and the environmental
buffer strip adjacent to the Rouge, all at no cost to the Town. However, the original Draft Approval file
has been closed by the OMB, and the applicant does not intend to pursue the
original draft plan process. The Town
also has an interest is seeing the developable lands brought on stream for
employment use. The Town could insist
on draft plan or consent applications to create the parcels, but this would
delay the acquisition of the roads rights of way and environmental buffer, as
the property owner does not intend to submit such applications at this time.
Staff have no objection to the applicant’s
proposal that the lot be created as a natural severance, through the required
conveyances, provided that the following conditions are met:
·
the applicant assumes responsibility for all
costs of land dedication and construction of the Cachet Woods Court extension
along the southern boundary of the new lot;
·
the applicant conveys the environmental buffer
block to the Town at no cost, and assumes responsibility for erecting a chain
link fence along the eastern boundary of the buffer block, to the satisfaction
of the Town;
·
the applicant assumes responsibility for all
costs of land dedication and construction for the Markland Drive extension
through the subject lands (road currently constructed but not conveyed or
assumed), and the construction of
sidewalks along the Markland Drive frontage of the property;
·
the applicant assumes responsibility for
streetscaping along the Markland Drive and Cachet Woods Court frontages of the
property;
·
the applicant undertakes to satisfy all other
applicable draft plan approval conditions;
·
the applicant agrees to satisfy all financial
requirements of Town Departments as would normally apply through the
subdivision agreement process, including Planning, Urban Design and Engineering
fees, and payment of any outstanding cash in lieu of parkland
·
The applicant posts appropriate securities to
ensure completion of the above works;
·
The applicant executes a development agreement,
containing clauses relating to the items listed above, prior to conveying the
parcels of land required to create the proposed lot as a “natural severance”;
·
The applicant provides environmental clearances
for the Markland Street and Cachet Woods Court road allowances and the 10 metre
environmental buffer, prior to conveying these lands to the Town.
Staff are of the opinion that the applicant’s
commitment to undertake the above-noted works should be secured through a
development agreement between the Town and the applicant, which would serve the
same purpose as a standard subdivision agreement. The applicant has agreed to enter into such an agreement. The Town would not take title to the roads
and buffer lands (i.e. not effect the natural severance) until such agreement
was executed to our satisfaction.
There is no current mandate for staff to
initiate such an agreement, as would be the case if the application were
proceeding through the subdivision or site plan approval process, or if a
development agreement were required as a condition of severance. Staff are therefore requesting Council’s
endorsement and support of the proposed strategy to obtain the roads and buffer
and create the proposed lot, and an endorsement for staff to proceed with the
preparation of the proposed development agreement.
FINANCIAL CONSIDERATIONS:
Financial considerations will be addressed
through the recommended development agreement.
ENVIRONMENTAL CONSIDERATIONS:
The Markland alignment was reviewed through the
original draft plan process. The Cachet
Woods Court alignment was reviewed through an Environmental Assessment
process. The proposed conveyance of the
required 10 metre environmental buffer adjacent to the Rouge would be
facilitated.
BUSINESS UNITS CONSULTED AND AFFECTED:
All relevant business units will be consulted
in the preparation of the proposed development agreement.
ATTACHMENTS:
Attachment 1 – Location Map
Attachment 2 – Draft Plan of Subdivision
19T-87110
Attachment 3 – Draft Reference Plan
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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
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Q:\Development\Planning\APPL\Phased
Plan\00243887\report to DEVELOPMENT SERVICES COMMITTEE - development
agreement.doc
FIGURE
1
OWNER: Woodbine Cachet
South Inc. (Metrus Developments Inc.)
c/o Mr. Nik
Mracic
1700
Langstaff Road
Suite 2003
Concord ON
L4K 3S3
Tel: 905-669-5571
Fax: 905-669-2134
AGENT: Same as above
LO0CATION MAP
