REPORT #8

RELEASE OF HOLDING (-h) SYMBOL, STAGE 2 – LEBOVIC ENTERPRISES LTD. PLAN OF SUBDIVISION (C10-DV & D12)

Report Prepared by: Director of Development Services

RECOMMENDATION:

The Director of Development Services recommends:

1)  THAT the report on the release of the holding (-h) symbol – Stage 2 Lebovic Enterprises Ltd. Plan of Subdivision be received for information;

2)  AND THAT staff monitor the progress of the Hoover Park Drive construction with the intent of presenting a report to the October 2, 2007 Council in Committee meeting on the release of the holding symbol on the stage 2 – Lebovic Enterprises Ltd. Plan of Subdivision.

1.0 PURPOSE

Council at their meeting on August 14, 2007 requested a staff report for the Sept 4, 2007 Council in Committee meeting, on a further review of the release of the holding symbol on the balance of Lebovic Enterprise Ltd. stage 2 subdivision lands.

2.0  BACKGROUND

Council at their meeting on August 14th 2007 considered a report on the release of the holding (-h) symbol – stage 1b Lebovic Enterprises Ltd. plan of subdivision in Stouffville and passed the following resolution:

MOVED by Councillor Hargrave

SECONDED by Councillor Hilton

1)  THAT By-law No. 2007-174-ZO, being a by-law to amend General Zoning By-law 87-34 by removing the Holding (-h) Symbol on fifty-two (52) lots as part of the first stage of development within Subdivision File No. 19T(W)-98006 [Lebovic Enterprises Limited], be enacted;

2)  AND THAT this item be brought back to the Council in Committee meeting of September 4th, 2007 with further review of the remaining lots.

CARRIED AS AMENDED

The second part of the resolution resulted from a request at Council from Lebovic Enterprises to release the holding (-h) symbol on the balance of the stage 2 subdivision lands. The residential yield on the Stage 2 lands is approximately 250 units.

Staff at the August 14th meeting identified that the key outstanding issues needed to release the holding provision is the commissioning of Hoover Park Drive, from Park Drive through to the Ninth Line. Although work is progressing on the road network on both the Mattamy (Ninth Line) Ltd. and the Lebovic properties, the road is not expected to be operational until early October at the earliest, and possibly later if delays are experienced associated with the construction / commissioning of the at-grade rail crossing of the GO Transit rail corridor, or, the completion of the “interim” intersection of the Ninth Line / Hoover Park Drive.

Staff have identified two potential factors in the delay of the commissioning of Hoover Park Drive as these two issues are somewhat driven by requirements / delivery of outside influences. The issue can be summarised as follows:

(1) Construction / Commissioning of the At-Grade Rail Crossing

Lebovic has completed the construction of Hoover Park Drive to base course asphalt through their property to the rail corridor. Mattamy is approximately two weeks away from completing their portion.

With the completion of the construction of Hoover Park Drive from the east to the GO Transit rail corridor, sub-contractors retained by GO Transit have commenced work on the construction of the at-grade rail crossing including gates and signalization. Staff understand that the signal construction will take approximately 2 – 3 weeks. However the signals cannot be commissioned until electrical servicing is completed and Hydro One energises the system.

Lebovic’s consulting engineers, Sernas & Associates have advised that the electrical servicing for the Lebovic subdivision has been split to expedite the priority work to provide power to the rail crossing signals and street lighting on Hoover Park Drive. They indicated that completion is at the end of September, contingent upon cooperation from Hydro One. Mattamy has confirmed a similar schedule for energising the streetlights on their section of Hoover Park Drive.

(2)  Finalisation of the “Interim” Intersection of Hoover Park Drive & Ninth Line

In accordance with the Region of York’s draft plan and subdivision conditions which form part of the subdivision agreement, Mattamy is required to design and construct the intersection of Ninth Line and Hoover Park Drive with any interim or permanent intersection works to the satisfaction of the Region. The Region had previously approved the intersection design as part of the Mattamy Wheler’s Mill Phase 1 Subdivision on the west side of Ninth Line.

Regional staff has advised that they are re-assessing the most recent submissions and comments will be issued shortly.

Town staff is concerned that the Region may only require stop control signs on the east and west legs of Hoover Park Drive at the Ninth Line, until traffic volumes meet the warrants for signalisation. Town Staff believe that the intersection should be controlled by traffic signals as soon as possible after the intersection is open, in recognition of existing / projected traffic volumes, or, as a minimum, by a four way stop control. East / west traffic volumes on Hoover Park Drive will increase substantially with the completion of the road, and, we expect to see an added redeployment of vehicular traffic to Hoover Park Drive once the road construction commences in September on Main Street. The Region has been made aware of staff concerns and will be taking this into consideration in the decision on the final design. Mattamy have advised that they will complete the road portion of the intersection by early September. If signals need to be added it is unlikely that they would be operational until late October or November.

3.0  OPTIONS/ANALYSIS

The opening of Hoover Park Drive from Park Drive / Reeves Way Boulevard through to the Ninth Line is not expected to occur until late September or early October. With the opening of this section of Hoover Park Drive the holding symbol on the zoning can be lifted allowing building permits to be issued if the subdivision plan is registered.

In the interim, Lebovic does have the ability to initiate construction on 150 residential units based upon the decisions rendered by Council at the July 10th and August 14th meetings. Work can commence on these dwellings once Lebovic registers the respective plans of subdivision.

In accordance with the Planning Act notice of Council’s intent to lift the holding provision must be circulated 20 days in advance of Council considering the matter. In order to include this item on the October 2, 2007 Council in Committee agenda, notice would have to be sent no later than Sept 12, 2007. Staff can assess the progress to completion of the work on that date and if satisfied that the developers schedules can be met, will issue the required notice and submit the zoning by-law amendment to Council in Committee on October 2nd for adoption at the Council meeting on October 16, 2007.

4.0  FINANCIAL IMPLICATIONS

This report has no financial implications on the Town capital or operating budgets.

5.0 ALIGNMENT TO CORPORATE STRATEGIC PLAN

Ensuring that needed capital infrastructure is in place at the appropriate time is essential to minimising the impact on existing services as well as to accommodate growth.

This report is aligned with the Town’s Strategic Plan in the following manner:

Balanced Growth and Community Sustainability: orderly / phased development through the provision of infrastructure as required by new growth.

6.0 CONCLUSION AND RECOMMENDATIONS

Hoover Park Drive from Park Drive to the Ninth Line is expected to open in early October contingent on completion of the electrical services and commissioning of the GO rail crossing signalisation and street lights. Staff will monitor the construction closely and if appropriate initiate the process to lift the holding symbols on the zoning for the Lebovic Enterprises Limited and the Mattamy (Ninth Line) Limited stage 2 lands.