GENERAL COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Alan Brown, Director of Engineering

 

 

 

 

PREPARED BY:

Mansoor Ali, Development Engineer - South District

 

 

 

 

DATE OF MEETING:

2005-May-16

 

 

 

 

SUBJECT:

Box Grove Community, Status of the 9th Line By-Pass and Markham By-Pass

 

 

 


 

RECOMMENDATION:

THAT the report entitled “Box Grove Community, Status of the 9th Line By-Pass and Markham By-Pass,” dated May 16, 2005 be received.

 

PURPOSE:

The purpose of this report is to responds to Council’s request for an update of the developer’s obligations under the Memorandum of Understanding for the provision of the 9th Line By-Pass and Markham By-Pass in the Box Grove Community.

 

BACKGROUND:

 

Memorandum of Understanding between the Town, Region and Developers

On June 13, 2002, the Box Grove developers entered into a Memorandum of Understanding (MOU) with the Town of Markham and the Region of York that outlines the obligations of all three parties towards the transportation, servicing improvements and servicing allocation for the Box Grove Community.  A summary of the agreement’s obligations and status is included in Attachment ‘A’.

 

Draft Plan/ Servicing Allocation Status

When fully developed, the Box Grove Community will include community amenity uses, employment uses, parks, conservation of woodlots, valley lands, and a total of approximately 2,600 residential units. The Box Grove Community is being developed by a number of developers, through different plans of subdivisions. On May 25, 2004, as part of the Phase 1 development (see Attachment ‘B’), Council approved three draft plans of subdivision containing approximately 1,331 units and which occupies a total area of 214 hectares. An additional 34 units of servicing allocation is proposed to be allocated to the Box Grove Developers Group in a subsequent report for draft plan approval for the 34 unit subdivision.  This will provide a total Phase 1 servicing allocation for 1,365 residential units.

DISCUSSION:

 

Phasing Plan Endorsed by Council

On March 18, 2004, Council endorsed the draft Phasing Plan as per Attachment ‘B’.  The Phasing Plan establishes three phases of development that ensures the orderly sequencing of development within the Box Grove Community as it relates to the build out of the required roadways (9th Line By-Pass, Markham By-Pass, realignment of 14th Avenue), community facilities (community parks, schools) and municipal watermains to service the existing hamlet.

 

As mentioned previously, Phase 1 provides for the build out of 1,365 residential units by four developers.  This phase includes the construction of the 9th Line By-Pass and the municipal watermain system to service the existing hamlet.

 

The timing of development for Phase 2 will depend on the availability of servicing capacity by the Region and the Town.

 

Phase 3 lands are currently not participating in the development process but will develop in the future in accordance with the secondary plan. 

 

9th Line By-Pass construction is proceeding ahead of schedule

As per the MOU, the 9th Line By-Pass must be constructed in its entirety, no later than December 2007. There are four developers (see Attachment ‘C’) responsible for the construction of the 9th Line By-Pass and its construction is being undertaken by one contractor.

 

There are two developers responsible for the  construction of 9th Line By-Pass from 14th Ave northerly towards the existing 9th Line, namely Box Grove Hills Development and M. Midget Inc.. Box Grove Hills Development has initiated the construction of Phase 1A of their development (see Attachment ‘B’) which includes a portion of the 9th Line By-pass which will be completed by December 2005.  M. Midget will start construction shortly and their section of the 9th Line By-Pass will be completed by the end of 2005.

 

There are two developers responsible for constructing the 9th Line By-Pass southerly from 14th Avenue to the existing 9th Line, namely Winter Gardens and Ibrans Development. These developers have initiated construction of the entire 9th Line By-Pass south of 14th Avenue and the work is expected to be completed by December 2005.

 

While there have been some disputes among the developers with regard to the timing of construction of their respective portions of the 9th Line By-Pass, it is staff’s understanding that the developers have reached an agreement with regard to this matter that should allow the construction to proceed and meet their proposed December 2005 completion deadline. 

 

It is expected that the construction of the 9th Line By-Pass will be completed in 2005 which is ahead of the time frame required in the MOU.  However, for the 9th Line By-Pass to become operational, the completion of the Rouge Bank Drive/Copper Creek Drive extension (referred to as “the extension”) is required.  The extension is the road that is required to link the existing 9th Line to the new 9th Line By-Pass in order to provide the Legacy community with direct access to the 9th Line By-Pass.  Currently, a portion of the land required to construct this link is owned by a non-participating landowner (Alexander Starzinsky and Elsie Didomenici) and needs to be acquired this year in order to complete the extension.  As per the MOU, all developers, as members of the Box Grove Developers Group, have a joint responsibility to provide an interim or a permanent road connection from the Legacy community to the 9th Line By-Pass, through the “extension” no later than December 31, 2007.  In addition, the Region of York will not allow the 9th Line By-Pass to be operational until the extension is completed or a temporary road connection is provided.  It is staff’s position that, rather than a temporary road connection, a permanent road should be constructed by acquiring the required right-of-way from the non-participating landowner. The developers have tried to acquire the land, but so far have not been successful.  The Town will report to Committee in June 2005 regarding the need to have lands dedicated or acquired to complete the 9th Line By-Pass.

 

Possible Markham By-Pass construction is dependant on servicing and land acquisition

The Town Arterial Road (possible Markham By-pass alignment) is initially planned as an unlit two lane rural cross-section on a 20 metre right-of-way commencing from the point of intersection where the 9th Line By-Pass meets the CPR Havelock Line, north-easterly to a point of connection with the approach ramp to Highway 407. This Arterial Road may form part of the ultimate Markham By-Pass (Region’s 36 metre right-of-way road) once the Environmental Assessment for that road has been completed by the Region.

 

The MOU provides that the construction of the two lane Town Arterial Road is dependant on the Phase 2 draft plan approval and the acquisition of lands currently owned by non-participating land owners (Merle Highcock and Attilio Vettese) in order to complete the Town Arterial Road.  Phase 2 is subject to the Region and the Town granting the balance of servicing allocation (1,235 units) required to complete the development (as outlined in the MOU).

 

The May 18, 2004 Staff Report regarding the Box Grove Phasing Plan recommended that the Town Arterial Road be completed no later than December 2006. Given the land acquisition and servicing allocation issues, this time frame would have to be revised and reflected in the final Phasing Plan document. The time frame currently anticipated for the completion of this road is December 2008.

 

The critical issue for the construction of the Town Arterial Road is the status of the servicing allocation needed to complete Phase 2, without which, the construction of the Town Arterial Road may be in jeopardy.  The proposed June report regarding land dedication or acquisition for road purposes noted above, will also address the Town Arterial Road.

 

 

FINANCIAL CONSIDERATIONS:

There are no financial considerations for the Town at this time.

 

 

 

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Planning Department has reviewed and commented on this report.

 

 

 

 

 

 

 

ATTACHMENTS

Attachment A - Summary: Box Grove Community, MOU

Attachment B- Phasing Plan

Attachment C- Developers’ Property Map

 

 

 

 

 

 

 

 

 

 

Alan Brown, C.E.T.

Director of Engineering

 

 

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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5/11/2005 3:54:17 PM