Report to: Development Services Committee Date of Meeting: June 6, 2006
SUBJECT: Mackenzie
Builders and Developers Limited SU 02 116539 (19TM-02012)
Danvest Wismer
Investments Ltd. SU 02 114206 (19TM-02009)
Amber Plain Investments
Ltd. SU 02 110218 (19TM-02003);
16th and
McCowan Holdings Ltd SU 02 115896 (19TM-02011)
Mattamy (Robinson
Creek) Ltd. SU 03 113679
(19TM-03008)
Brawley Manor Corp. SU 02
115478 (19TM-02010);
1039954 Ontario Ltd. SU
02 118676 (19TM-02016)
Wismer
Commons Community
Proposed plans of
subdivision and implementing zoning by-law amendments
PREPARED BY: Gary
Sellars, Senior Planner, East Development District
(ext. 2960)
RECOMMENDATION:
That draft plans of
subdivision by Mackenzie Builders and Developers Ltd.19TM-02012, Danvest Wismer
Investments Ltd.19TM-02009, Amber Plain Investments Ltd.19TM-02003, 16th
and McCowan Holdings Ltd.19TM-02011, Mattamy (Robinson Creek) Ltd.19TM-03008, Brawley
Manor Corp.19TM-02010 and 1039954 Ont. Ltd. 19TM-02016, located
within the Wismer Commons Community, be draft approved subject to the
conditions outlined in Appendices ‘A’ to ‘G’;
That the applications submitted by Mackenzie Builders and Developers Ltd., Danvest Wismer
Investments Ltd., Amber Plain Investments Ltd., 16th and McCowan
Holdings Ltd., Mattamy (Robinson Creek) Ltd., Brawley Manor Corp. and 1039954
Ont. Ltd. to amend Zoning By-laws 304-87 and 177-76, as amended, be
approved, and the draft by-laws attached as Appendices ‘I’ and ‘J’, be finalized
and enacted;
That the applicants agree to pay their proportionate share
of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;
That servicing
allocation for the plans of subdivision be granted from the total allocation
for the Wismer Commons Community, assigned in accordance with the November 22, 2005 report
on servicing allocation, as follows:
28 units for draft
plan 19TM-02012
(Phase 2) Mackenzie
Builders and Developers Ltd., 52 units for draft plan 19TM-02009 Danvest
Wismer Investments Ltd.,
59 units for draft
plan 19TM-02003
Amber Plain Investments Ltd.,
27 units for draft
plan 19TM-02011
16th and McCowan Holdings Ltd.,
8 units for draft plan 19TM-03008 Mattamy (Robinson Creek) Ltd.,
35 units for draft
plan 19TM-02010
Brawley Manor Corp.,
21 units
for draft plan 19TM-02016 1039954 Ont. Ltd.
230 total units
That
the Town reserves the right to revoke or reallocate the servicing allocation
should the developments not proceed in a timely manner;
That the Region of
York be advised of the servicing allocation for these developments;
That the applicants provide to
the Town the 30% payment of the required subdivision processing fees in
accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law
2005-357);
And further that the draft plan of subdivision approvals
will lapse after a period of three years commencing June 6, 2006, in the event that a subdivision
agreement is not executed within that period.
EXECUTIVE SUMMARY:
Applications for seven draft plans of subdivision and
implementing zoning have been submitted for several of the “holes” in
the fabric of the Wismer Commons community for which servicing allocation was
assigned by Council in November 2005.
The proposed plans of subdivision comprise a mix of
single detached, semi-detached and townhouse units (total 230 units), a public
elementary school block, two park blocks adjacent to the school block and a
mixed retail and residential unit in a relocated heritage dwelling at the
southwest corner of Bur Oak
Avenue and Roy Rainey Avenue. The
1,000 sq. ft. retail use is being proposed in accordance with the Town’s
Neighbourhood Commercial Strategy adopted by Council in April 2005.
Concerns have been expressed by some area residents in
relation to the proposed neighbourhood retail use with regard to traffic,
safety and the need for and viability of a retail use at this location. The proposal is for a small scale, pedestrian
oriented neighbourhood retail use which has been identified by the Town’s
marketing consultant as a critical community building block and a part of the
Town’s commercial uses hierarchy.
Traffic generated by this use is expected to be low and can be
accommodated on the road network.
The
proposed developments are in compliance with the Wismer Commons Secondary Plan
and are consistent with the Wismer Commons Design Plan, will utilize existing
infrastructure and will complete the urban fabric of key parcels within the
Wismer Commons community. The proposed relocated heritage
dwelling with its retail use, in combination with other uses in the area, will
help establish a community focus for Wismer Commons.
Staff recommend draft approval for
the proposed plans of subdivision, subject to the conditions attached to this
report and approval of the implementing zoning by-laws attached to this report.
FINANCIAL CONSIDERATIONS:
Not applicable
The purpose of this report is to recommend draft approval of seven
proposed plans of subdivision in the
Wismer Commons Community and approval of implementing zoning by-law amendments.
Property
and Area Context
The
subject lands (Figures 1 and 2) are located between McCowan Road and Highway 48, north of 16th Avenue, within the Wismer Commons community.
The lands comprise various phases of larger draft plans of subdivision
that have been partially draft approved and zoned based on the availability of
servicing allocation.
Official Plan and Zoning By-law
The
Town’s Official Plan designates the lands Urban Residential. The Wismer Commons Secondary Plan designates
the majority of the lands Urban Residential – Low Density. The lands adjacent to Major Mackenzie Drive
are designated Urban Residential – Medium Density and the lands at the
southwest corner of Bur Oak Avenue and Roy Rainey Avenue are designated
Neighbourhood Commercial. The lands are currently zoned Agriculture (A1) and
Rural Residential (RR4) by By-law 304-87.
Servicing Allocation
On November 29, 2005 Council distributed
servicing allocation to secondary plan areas and to specific projects, ready to
proceed. The distribution was based on previously
approved criteria and other considerations as outlined in the February
15, 2005
allocation report. A total of 403 units (304 units, plus 99 units
previously assigned in February 2005) were assigned to the Wismer Commons
community for the purpose of filling in several of the holes in the fabric of
this community.
Proposals
The
proposed plans of subdivision comprise a total of 230 units, as follows:
1. Mackenzie Builders and
Developers Ltd. (19TM-02012) (Figure
3)
|
|
Residential
Units
|
Frontage
|
Single Detached
|
27
|
10.7, 11.6 and 12.2m (35, 38 and 40ft.)
|
Semi-detached
|
1
|
9m (30ft.)
|
|
Total
|
28
|
|
2. Danvest Wismer Investments Ltd. (19TM-02009) (Figure 4)
|
|
Residential Units
|
Frontage
|
Semi-detached
|
20
|
9m
(30ft.)
|
Lane based
Townhouses
|
32
|
5.6m
(18ft.)
|
Total
|
52
|
|
3. Amber Plain Investments Ltd.
(19TM-02003) (Figure 5)
|
|
Residential Units
|
Frontage
|
Mixed Retail
and Residential
|
1
|
16m
(52ft.)
|
Semi-detached
|
22
|
7.5m
(25ft.)
|
|
Condominium
Townhouses
|
36
|
N/A
|
|
Total
|
59
|
|
A mixed retail
and residential unit is proposed to be located at the southwest corner of Bur
Oak Avenue and Roy Rainey
Avenue. The
applicant is proposing to relocate the historic Daniel Raymer home, currently
located west of Robinson Creek
south of Bur Oak Avenue, to
this location and to renovate it for retail use on the ground floor and
residential use on the second floor. An elementary school block and adjacent
park blocks located west of Robinson Creek
are also included in this plan of subdivision.
4. 16th and McCowan
Holdings Ltd. (19TM-02011) (Figure
6)
|
|
Residential Units
|
Frontage
|
Single
Detached
|
7
|
10.7m
(35ft.)
|
Semi-detached
|
20
|
9.15m
(30ft.)
|
|
Total
|
27
|
|
5. Mattamy (Robinson Creek) Ltd. (19TM-03008) (Figure 7)
|
|
Residential Units
|
Frontage
|
|
Single Detached
|
8
|
13.7m (45ft.)
|
6. Brawley Manor Corporation
(19TM-02010) (Figure 8)
|
|
Residential Units
|
Frontage
|
Single
Detached
|
35
|
13.3
and 15.3m (44 and 50ft.)
|
7. 1039954 Ontario Ltd. (19TM-02016)
(Figure 9)
|
|
Residential Units
|
Frontage
|
Single detached
|
15
|
10.7m
and 12.2 (35 and 40ft.)
|
Semi-detached
|
6
|
7.5m
(25ft.)
|
Total
|
21
|
|
The proposed developments are consistent with the Wismer Commons Design Plan
The proposed developments are
consistent with the Wismer Commons Design
Plan, will utilize existing infrastructure and will complete the urban fabric
of key parcels within the Wismer Commons community.
A
neighbourhood commercial use is proposed in accordance with the Town’s
Neighbourhood Commercial Strategy.
The proponents of the Amber Plains
subdivision intend to relocate
a heritage dwelling (the Daniel Raymer House) from its current location south
of Bur Oak Avenue, west of Robinson Creek to the lot at the southwest corner of
Roy Rainey Avenue and Bur Oak Avenue, and to renovate the building (Figures 10 to
14). It is proposed that the ground floor of the building (approximately 1,000
sq. ft.) be zoned for retail use in accordance with the Town’s Neighbourhood
Commercial Strategy adopted by Council in April 2005. The Strategy
was adopted to ensure that smaller scale, pedestrian oriented neighbourhood
retail/service uses for residents would be provided within all of the Town’s
new communities and to help new communities establish a community focus. In
combination with a new elementary school and adjacent community park/woodlot at
the northeast corner of Bur Oak Avenue and Roy Rainey Avenue, the relocated heritage dwelling
with its retail use will help establish a community focus for Wismer
Commons. A residential unit is proposed
for the second floor of the heritage dwelling. The proposal complies with the Neighbourhood Commercial designation of
the lands in the Wismer Commons Secondary Plan and with the Wismer Commons
Community Design Plan. The proposed relocation of
the heritage dwelling is acceptable to Heritage staff. A site plan application for the heritage
dwelling is currently being reviewed by staff.
Concerns
expressed at the Public Meeting and in written correspondence from area residents have been addressed
A. Concerns with respect to the
proposed neighbourhood commercial use
One resident spoke in opposition to the
proposed neighbourhood commercial use at the Public Meeting held on March 7, 2006 and later submitted a
petition with 32 names of residents in opposition (Appendix ‘C’). Written submissions in opposition were also
submitted by two other residents.
Concerns expressed include the
following:
1.
Traffic and safety at the intersection of Bur
Oak Avenue and Roy Rainey
Avenue.
The proposed 93m2 (1,000 sq.
ft.) retail store is considered to be small when compared to the maximum 500m2
(5,000 sq. ft.) that is permitted by the Neighbourhood Commercial designation
in the Secondary Plan. Traffic generated
by this smaller scale, pedestrian oriented neighbourhood retail use is expected
to be low and can be accommodated on the road network. Four on-site parking spaces are proposed for
the commercial use and two parking spaces for the residential unit. On street parking is also available on Roy
Rainey Avenue which is a collector road. The proposed elementary school at the
northeast corner of Bur Oak Avenue
and Roy Rainey Avenue will
include separate on-site drop off and pick-up for school buses and parents, and
visitor parking. Traffic signals are to
be installed at the Bur Oak Avenue
and Roy Rainey Avenue
intersection when warranted.
2.
The need for and viability of a retail use at this location.
As indicated above, the Town has
adopted a Neighbourhood Commercial Strategy which requires the provision of smaller scale, pedestrian oriented
neighbourhood retail/service uses for residents within all new
communities. The Strategy identifies the
subject site as the last remaining opportunity for neighbourhood retail use in
Wismer and recommended that the Town enter into discussions with the landowner
to make provision for at-grade retail. These neighbourhood retail/service uses
are an important part of the commercial uses hierarchy serving the Town’s
communities as recommended by the Town’s marketing consultant. The Town’s consultant identified the
neighbourhood retail/service uses as a critical community building block.
3.
The retail use will attract loiterers which will lead to increased crime
in the community.
The proposed
neighbourhood retail use will be located in a visible location at the corner of
two collector roads which can be easily monitored by area residents and police.
4.
Potential sale of obscene or indecent materials at a convenience store
in close proximity to an elementary school.
The sale, display and advertising of
“adult goods” is regulated by a Town By-law.
B. Concerns with respect to the Brawley
Manor plan of subdivision
A resident on Clarry
Street, abutting the Brawley Manor lands,
submitted a request that the new dwellings be no higher than those on Clarry
Street and that the rear yards be as deep as the
lots on Clarry Street. The proposed lots are the same size as or
larger than the Clarry Street
lots. The development standards in the
zoning by-law for the proposed lots will be the same as those that apply to the
Clarry Street lots.
The Roy
Rainey Avenue crossing of Robinson Creek is expected to be initiated in the summer
of 2007
The Wismer Commons Developers’
Group agreed to design, construct and dedicate the Roy
Rainey Avenue crossing of Robinson
Creek by December 2005, subject to
the receipt of all necessary approvals as a condition of receiving water
allocation for 470 units in October 2003.
The Group is currently working with the TRCA to obtain the necessary
approvals for the crossing of Robinson
Creek. It is anticipated that the necessary
approvals will be obtained in order to
initiate construction of the crossing in the summer of 2007.
FINANCIAL TEMPLATE (Separate Attachment):
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ACCESSIBILITY CONSIDERATIONS:
Not applicable
ENGAGE 21ST CONSIDERATIONS:
Approval of the proposed draft
plans of subdivision is consistent with a key goal set out in “Engage 21st
Century Markham” with respect to Managed Growth. The proposed developments will utilize
existing infrastructure and will complete the urban fabric of key parcels within the Wismer Commons community. The proposed relocated heritage dwelling with
its retail use, in combination with other uses in the area, will help establish
a community focus for Wismer Commons.
BUSINESS UNITS CONSULTED AND AFFECTED:
The requirements of other Town Departments and external agencies have
been incorporated into the draft plan and recommended conditions of draft approval.
RECOMMENDED BY:
|
|
|
|
|
Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
|
|
Jim
Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
|
Figure 1 - Applicant/Agent & Location Map
Figure 2 - Area Context/Zoning
Figures 3 to 9 - Proposed Plans of Subdivision
Figures 10 to 14 - Proposed Site
Plan and Building Elevation for Heritage Dwelling
Appendices ‘A’ to ‘G’
- Conditions of Draft
Approval
Appendices ‘I’ and ‘J’ - Draft Zoning By-law
Amendments
Appendix “K” - Petition from Residents’
FIGURE
1
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