1400 Weston Road, Amendment to Subdivision Agreement
Riverboat Landing Subdivision
Applicant: B.G. Schickendanz Homes Ltd.
Ward 27, York Humber
The York Community Council recommends the adoption of the following report (April26,1999) from the Director,
Community Planning, West District:
Purpose:
This report is submitted to recommend changes to the Subdivision Agreement and Master Development Concept Plan for
an approved residential development of up to 2,150 units at 1400Weston Road.
Funding Sources, Financial Implications and Impact Statement:
City funding is not required. There is no impact on capital or operating budgets.
Recommendations:
It is recommended that:
(1)the revised Master Development Concept Plan (Appendix 4) be approved as it relates to the development and
improvement of public spaces and blocks where residential development is permitted,
(2)the Owner enter into an agreement, prepared in a form satisfactory to the City Solicitor, which incorporates provisions
to amend the existing Subdivision Agreement with respect to revised plans, financial security amounts as noted in this
report, and any other matters deemed necessary,
(3)Site Plan Approval not be granted for any further residential development on the subdivision lands until the amending
agreement noted in the preceding recommendation is entered into, and
(4)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
The Riverboat Landing site at 1400 Weston Road is located on the west side of Weston Road, northwest of the intersection
of Jane Street and Weston Road, and abuts the Humber River (See Appendix 1- Location Map). The land has an area of
14.7 hectares (36.2 acres) and was subdivided to create five development blocks, a public park block, and three public
roads by Plan 66M-2265 in June 1990. (See Appendix 2 - Plan of Subdivision 66M-2265) 125-unit non-profit senior
citizens' building, constructed in 1992 is located at 200 Dora Spencer Road on the southwestern part of Block2. The
easterly part of Block 5 recently has been developed with 94 condominium townhouses. In addition, construction of 208
condominium apartments in 13 multiple unit buildings is now in progress on Block 1.
Official Plan and Zoning By-Law amendments were approved in the late 1980's for the then developer, Bramalea Limited,
to permit the redevelopment of the lands for a maximum of 2,150 dwelling units in primarily medium to high rise building
form within the subdivision lands. In addition, the development of commercial uses or a school is permitted on the Weston
Road frontage and land for a public park located on Block 6 has been dedicated to the City. The development scheme that
was approved for the build-out of the subdivision is shown on the Master Development Concept Plan dated February 27,
1990, and referenced in Section III of the Subdivision Agreement. (See Appendix 3)
As a condition of the Plan of Subdivision approval, a Subdivision Agreement was executed by Bramalea Limited to provide
for the installation of municipal services, roads, boulevard landscaping, grading and development of the public park, and
other public use features in the development. Bramalea Limited subsequently declared bankruptcy and development of the
lands did not proceed.
In June 1997, B.G. Schickedanz Central Inc. acquired the lands. The development that has occurred on the lands to date has
been in keeping with the intent of the approved development scheme introduced by the previous developer, with a few
minor changes.
B.G. Schickedanz Homes Inc. has now submitted a Revised Master Development Concept Plan (see Appendix 4) which
modifies the original approved Master Development Concept Plan for the lands. This report discusses the remaining road
improvements and proposed changes relating to the development concept, along with the landscape treatment of public
boulevards, the park and other public use spaces reflected in the Revised Master Development Concept Plan.
Comments:
(1)Revised Master Development Concept Plan
Section III, paragraph 1 of the Subdivision Agreement contains the following:
"It is acknowledged that the Owner has filed with the City a Master Development Concept Plan for the Lands dated
February 27th, 1990, and prepared by Young & Wright Architects and Strybos Associates Ltd., showing the intended uses,
buildings, and accesses on the Lands. It is agreed that this plan will serve as a general guide to further development
applications made under s.40 of the Planning Act, 1993 (now s.41) and that such applications shall reasonably conform to
the said Master Development Concept Plan approved by the City of York. Approval for modifications that are within the
spirit of the Master Development Concept Plan and comply with the Official Plan Amendment and approved zoning
by-laws shall not be unreasonably withheld by the City. Concurrently with any application made under s.40 (s. 41) of the
Planning Act to develop a portion of any Block shown on the Plan, the Owner shall also file a Development Concept Plan
for the entire block in the same amount detail as the Master Development Concept Plan showing those items enumerated on
Schedule "M".
The revised Master Development Concept Plan differs from the original in relation to the intended uses, buildings and
access points on the western portion of Block 5, all of Block 3, and the western part of Block 2. Whereas mid to high rise
apartment buildings were originally proposed for these development parcels, the revised Master Development Concept Plan
now proposes low rise development in the form of condominium townhouses and multiple unit condominium buildings
with different vehicular access points and new condominium roads.
These new uses and building forms comply with the Official Plan and Zoning By-law provisions applicable to the
subdivision lands. The eastern portion of Block 2 remains designated for commercial or school development at this time.
However, the developer may soon be further revising the Master Development Concept Plan and making applications to
amend the Official Plan and Zoning By-law to permit residential development in combination with the permitted
commercial development on this block portion.
The Revised Master Development Concept Plan also differs from the original in regard to the landscape treatment of the
public park, boulevards and the public spaces on the southwest corner of Block 2. The details of the changes follow.
(2)Public Square
The public square, as originally shown on the Master Development Concept Plan, has two parts: one located at the north
east corner of Dora Spencer Road and Charlton Settlement Avenue and the other immediately to the west across Charlton
Settlement Avenue at the terminus of Dora Spencer Road. The northeast corner shows an area containing decorative
concrete, a clock tower, a reflecting pool and pathway from the square northeasterly to a gazebo and the commercial or
school block beyond.
The other component of the public square located at the terminus of Dora Spencer Road contains a fountain encircled by
tree planting and decorative paving. A pedestrian crossing area surfaced with interlock pavers connects the two components
across Dora Spencer Road. The area of the public square was intended to remain on private lands with right of access and
use of the lands and features by the public.
The Revised Master Development Concept Plan replaces the clock tower with a gazebo containing a clock and seating area,
decorative paved areas, landscaping and seat walls for further seating capacity.
The area at the terminus of Dora Spencer Road that contained a fountain has been eliminated. The area has been
incorporated as part of the site for the proposed 44 unit condominium townhouse development on Block 3. The demarcated
walkway across Charlton Settlement Avenue connecting to the public sidewalk is still proposed as it is the part of the
system of pedestrian walkways through the site required by the Official Plan.
Section III of the Subdivision Agreement requires amendment to refer to the Revised Master Development Concept Plan. In
addition, Schedule "N" which describes the Extra Public Amenities must be amended to revise the public square
description to provide for a gazebo structure with a clock feature and decorative paving in place of the (originally proposed)
clock tower feature.
(3)Streetscape Modifications
The original streetscape plan included trees, interlock paver bands and substantial interlock paving throughout the
development. The applicant is proposing to modify the public boulevard treatment by replacing the interlock pavers
originally proposed with "soft" landscaping and by revising the tree planting specifications to provide more trees of a
slightly smaller size. It is noted that similar revisions were previously approved by the City's landscape architect several
years ago at the time Bramalea Limited was experiencing financial difficulty and the condominium market activity was in
decline.
In addition to the changes required by the applicant, the Urban Planning and Development Services Department has
requested improvements to boulevard landscaping along the south side of Sidney Belsey Crescent from the public square to
the west park entrance. These improvements include a double row of trees, increased lockstone paving and other decorative
features. Additional trees on the northern portion of Sidney Belsey Crescent from Weston Road to the new Clouston School
site, also have been requested, as a large volume of pedestrian traffic is expected for this street. These requests are to be
incorporated in the Revised Master Development Concept Plan.
Schedule "H-2" of the Subdivision Agreement gives an estimated cost of the streetscaping works and parkland development
costs to be carried out under the original plan. The total estimated cost of $805,000 covers the provision of trees and
associated appurtenances, unit paving, curbing, buffer planting, sod and street furniture. This amount has been revised to
reflect the revised plan with the requested changes at a total cost of $374,400. The revised plan with the required changes
and the new estimate is acceptable to Urban Design Division staff.
Schedule "I" of the Subdivision Agreement lists the detailed streetscape development plan, tree preservation plan, and parks
master plan. Since these will be being modified to reflect the revisions noted in this report, the list of drawings in Schedule
"I" also requires replacement.
(4)Parkland Modifications
The applicant is proposing some changes to the original park development. The size and slope stability of the park will
remain the same; however the entrance to the play area and the routing of the walkway further west would be modified, the
amphitheatre area would be replaced with a passive seating area, and the dry stream/swale and a portion of the walkway
eliminated.
The walkway has been modified at the request of the Urban Planning and Development Services Department to remove it
from its location behind the development proposed on Block 3, as this was considered a potentially unsafe area in which to
walk. The pedestrian connection to the park will continue from the public square along the street until it meets the west
entrance to the park. The pedestrian walkway will join the trail to the seating area located further west and then the
walkway will continue into the Humber River Valley.
In order to identify and emphasize the street as part of the pedestrian connection to the park, as noted previously the Urban
Planning and Development Services Department has requested a double row of trees, increased lockstone paving treatment,
and other decorative elements leading up to the park entrance.
The estimated cost of the original parkland development works which included grading, sod and plant material; a theatre,
gazebo and associated sitting areas; a play area; entry features, a walkway and a dry stream/swale; and lighting and
retaining walls, all totaling $769,000, also are contained in Schedule "H-2". As with the revised streetscaping works, the
applicant has submitted a revised parkland development cost estimate as part of Schedule "H-2" reflecting the changes
noted above. The new estimate for the improvement totals $409,500. The revised plan and associated new estimate is
acceptable to Urban Design Division staff.
(5)Impact on Residential Unit Bonus
The public square and clock tower, along with enhanced decorative streetscaping and parkland development features which
are discussed in the above sections of this report were listed as part of the Extra Public Amenities described in Section
XXVIII (Financial Contributions) and Section XLI (Bonusing) of the Subdivision Agreement. These features were provided
in order to allow construction of an extra 135 dwelling units pursuant to the bonusing provisions and formula contained site
specific Zoning By-law 1472-88 which prescribes the maximum number of residential units that can be developed on the
lands. In light of the requested reduction in the value of public amenities represented in the Revised Master Development
Concept Plan, the 135 unit bonus entitlement was reviewed by staff using the bonusing formula set out in the Zoning
By-law and appraisal information provided by B. G. Schickedanz to determine if there should be a corresponding reduction
in the number of bonus units. Planning staff in consultation with Urban Design Division staff and Legal Services staff have
concluded that the revisions will not result in a reduction to the 135 unit bonus entitlement.
(6)Road Improvements
A number of road improvements were identified in the Subdivision Agreement. The creation of the Buttonwood cul-de-sac
at a cost of $98,400 has been reduced to $98,000; surfacing Verona Avenue at a cost of $12,904 has been increased to
$13,155; and the surfacing of the internal streets in the development has been estimated at $196,050. These figures have
been confirmed and accepted by the Works and Emergency Services Department. The estimates outlined in Schedules
"H-1", "K-3" and "K-5" of the Subdivision Agreement should be replaced by the current figures outlined in this report.
(7)Public Process
The approval process for this site included an extensive public participation process. The revisions to the Master
Development Concept Plan and Site Plan Approval applications, however, are not technically subject to a public process.
As a courtesy, the developer had met with members of a local ratepayers group, the previous Westpointe Foresight Group (
citizens working committee), the local Councillor, and Planning staff approximately two years ago to discuss the proposed
changes to streetscape improvements and parkland development. The revised plans for improvement of the public
boulevard, park and public use areas were acceptable to the members of the group.
While the public at large has not viewed the revised building proposal as reflect in the Revised Master Development
Concept Plan, the developer at community information meeting on March11,1999, did present the revised building plans to
the Ward Councillors and residents form the community abutting the development to the north and other interested persons
in attendance. No opposition to the elements of the Revised Master Development Concept Plan for development blocks
where residential development is currently permitted by the Official Plan and Zoning By-law.
Community Council also endorsed the formation of a new group to meet with the developer on a regular basis to discuss
the construction of the project and any related neighbourhood concerns arising from the construction or new development
proposals on the remaining blocks. A report will be submitted to York Community Council in May, 1999, that outlines the
Terms of Reference for the group. Interested residents and local businesses will be invited to join the group.
Conclusion:
The overall development concept as represented in the original Master Development Concept Plan has been revised to
reflect a lower, less dense and grade related residential building form throughout most of the development blocks. The
revised development form is in keeping with Official Plan and Zoning provisions for development on the lands. Higher
density residential buildings continue to be proposed at the western edge of the subdivision abutting the Humber River
valley. The changes proposed for the public boulevards, the park, and other public use areas reflect a more conventional and
economical, but acceptable, development approach with less costly future maintenance and replacement requirements for
the City.
An agreement which incorporates provisions to amend the existing Subdivision Agreement with respect to revised plans,
financial securities, and any other matters deemed necessary is required. The amending agreement will ensure that
development proceeds following the Revised Master Development Concept Plan and should be executed prior to granting
further residential development Site Plan Approvals within the subdivision.
Contact Name:
Wendy Johncox, Senior Planner
Tel: 394-2868Fax: 394-2782
The following persons appeared before the York Community Council in connection with the foregoing matter:
-Ms. Ella Jackson, Chair, Westpointe Foresight Group; and
-Ms. Marjorie Sutton, Mt. Dennis Community Association.
APPENDIX 1 - LOCATION MAP
FOR 1400 WESTON ROAD
APPENDIX 2 - PLAN OF SUBDIVISION 66M-2265
FOR 1400 WESTON ROAD
APPENDIX 3 - MASTER DEVELOPMENT CONCEPT PLAN
FOR 1400 WESTON ROAD
APPENDIX 4 - REVISED MASTER DEVELOPMENT CONCEPT PLAN
FOR 1400 WESTON ROAD
