Report to: Development Services Committee                               Report Date: March 20, 2007

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Matrundola, Blackmore, Pacitto and Rizzi

                                            North of Edward Jeffreys Avenue, west of Highway 48

                                            Wismer Commons Community

                                            Proposed plan of subdivision and implementing zoning by-law amendments

                                            SU 02 111460 (19TM-95081) and ZA 02 111457

 

PREPARED BY:               Gary Sellars, Senior Planner, East Development District (ext. 2960)

 

 

RECOMMENDATION:

That draft plan of subdivision 19TM-95081 (Phase 1) by Matrundola, Blackmore, Pacitto and Rizzi, located within the Wismer Commons Community, be draft approved subject to the conditions outlined in Appendix ‘A’;

 

That the application submitted by Matrundola, Blackmore, Pacitto and Rizzi to amend Zoning By-laws 304-87 and 177-76, as amended, be approved for the residential portion of Phase 1 (61 units) of plan of subdivision 19TM-95081, and the draft by-laws attached as  Appendices ‘B’ and ‘C’, be finalized and enacted;  

 

That servicing allocation for 61 units be granted to plan of subdivision 19TM-95081 (Phase 1) from the total allocation for the Wismer Commons Community, assigned in accordance with the June 20, 2006 report on servicing allocation;

 

That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner;

That the Region of York be advised of the servicing allocation for this development;

That the applicant 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 2007-15);

And further that the draft plan of subdivision approval will lapse after a period of three years commencing March 27, 2007 in the event that a subdivision agreement is not executed within that period;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

EXECUTIVE SUMMARY:

Not applicable

 

FINANCIAL CONSIDERATIONS:

Not applicable


1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

PURPOSE:

The purpose of this report is to recommend draft approval for Phase 1 of a proposed plan of subdivision in the Wismer Commons Community and approval of implementing zoning by-law amendments for the residential portion of Phase 1 of the plan.

 

BACKGROUND:

Property and Area Context

The subject lands (Figures 1, 2 and 3) consist of 9.4 hectares (23 ac.) located north of Edward Jeffreys Avenue, west of Highway 48 within the Wismer Commons community. 

The easterly portion of the lands contains approximately 1.7 hectares (4.2 ac.) of a 2.2 hectare (5.4 ac.) woodlot. 

 

To the north of the subject lands are vacant lands on which residential development is proposed by others but does not currently have servicing allocation, as well as a commercial use fronting onto Highway 48.  A Town owned woodlot abuts the northwest corner of the subject lands.  To the west is a vacant elementary school site on Mingay Avenue. To the south are existing single detached residential lots as well as commercial lands which are proposed to contain a mixed use development fronting onto Highway 48 and Edward Jeffreys Avenue.  A residential plan of subdivision (Wynberry Dev.) has recently been draft approved for vacant lands abutting the southwest corner of the subject lands. To the east, across Highway 48, are existing industrial/commercial uses.  

Official Plan and Zoning By-law

The Town’s Official Plan designates the westerly portion of the lands Urban Residential and the easterly portion of the lands abutting Highway 48 Major Commercial Area.  A portion of the existing woodlot is designated Environmental Protection Area. The Wismer Commons Secondary Plan designates the westerly portion of the lands Urban Residential – Low Density and the easterly portion of the lands abutting Highway 48 Major Commercial.  The portion of the woodlot intended to be preserved is designated Open Space/Environmentally Significant Area. The average net site density permitted by the Secondary Plan is 17 to 37 units per hectare (6.9 to 14.9 units per acre). Phase 1 of the proposed plan of subdivision has a net site density of 35 units per hectare (14 units per acre). The entire site is currently zoned Agricultural 1 (A1) under By-law 304-87, as amended.

 

Woodlot

The easterly portion of the lands contain approximately 1.7 hectares (4.2 ac.) of a 2.2 hectare (5.4 ac.) woodlot.  A woodlot evaluation report for the Matrundola property was  carried out by Harrington and Hoyle Ltd. in 1998 and it was determined that approximately 0.94 hectares (2.3 ac.) of the Matrundola woodlot is the most worthy of preservation.  This report was peer reviewed by Urban Forest Innovations Inc., on behalf of the Town, in 2005 and they agreed with the report’s conclusions.  The most significant trees within the remaining 0.5 hectare (1.2 ac.) portion of the woodlot on the abutting property to the south (approximately 0.08 hectares) are to be retained within a proposed mixed use development. Currently the Wismer Community is in an over dedication of parkland situation and therefore staff have explored a number of options to preserve selected portions of the woodlot either on private lands, or through conveyance into public ownership.  To date, an option acceptable to both the owner and the Town has not been determined.  This is addressed in the recommended conditions of draft approval.

Servicing Allocation

On June 27, 2006 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 servicing allocation report.   Servicing allocation for 384 units (1,178 population) was assigned to the Wismer Commons community for the purpose of filling in several of the holes in the fabric of this community.  The Developers’ Group Trustee has recommended that part of that allocation (61 units) be applied to Phase 1 of the proposed plan of subdivision if draft approval is obtained.    

Proposal

Applications for draft plan of subdivision approval and an implementing zoning by-law amendments have been submitted for the subject lands. The draft plan includes two phases (Figure 4).  Phase 1 includes 63 single detached lots and 8 single detached part lots (total – 67 units). The lots have frontages of 10.7m (35 ft.) and 12.2m (40 ft.).    Phase 1 also includes a commercial block abutting Highway 48. The submitted plans indicate a minimum 10m environmental buffer between the proposed residential lots and the woodlot to the east located on the commercial block.  Phase 2 includes 46 single detached lots, 29 semi-detached lots and several part lots (total – 121 units). The single detached lots have frontages of 9.6m (31 ft.), 10.7m (35 ft.) and 12.2m (40 ft.).  The semi-detached lots have 14m (46 ft.) frontages.  An open space block at the northwest corner of Phase 2 provides road frontage for and access to the adjacent woodlot to the north. 

 

OPTIONS/ DISCUSSION:

 

The proposal is consistent with the Wismer Commons Community Design Plan

The proposed development is consistent with the Wismer Commons Community Design Plan, will utilize existing infrastructure and will complete the urban fabric of a key parcel within the Wismer Commons community.

 

No concerns were expressed by area residents or landowners at the Public Meeting

There were no concerns expressed by area residents or landowners at the Public Meeting

held on January 16, 2007 and no written submissions have been received.

 

Servicing allocation is available for 61 units within Phase 1 of the proposed subdivision

The Developers’ Group Trustee has recommended that servicing allocation for 61 units be applied to Phase 1 of the proposed plan of subdivision from the 384 units (1,178 population) assigned to the Wismer Commons community by Council on June 27, 2006. The applicant will be required to delete 6 lots from Phase 1 of the plan as a redline revision. 

 

The proposed Phase 1 lotting pattern is acceptable

The proposed draft plan of subdivision for the abutting lands to the north of Phase 1 of the proposed plan of subdivision (Wismer Markham Dev. Inc. 19TM-02008) includes single detached lots with frontages of 13.7m (45 ft.) and 15.3m ( 50 ft.) on extensions of Everett Street and Kentland Street, and semi-detached lots with frontages of 18.5m (61 ft.) on an extension of Hammersly Boulevard.  Within this context, sufficient lot size mix is available in the area and therefore, the proposed lotting pattern in Phase 1 of the plan of subdivision (single detached lots with frontages of 10.7m [35 ft.] and 12.2m [40 ft.]) is considered acceptable.

 

The commercial block, including the woodlot, should remain zoned Agriculture (A1) until a development proposal is approved for this Block

The applicant has not yet submitted a development proposal for the commercial block (Block 72).  Nor has agreement been reached regarding the appropriate mechanism for retaining the woodlot.  Therefore, it is recommended that the lands between the residential portion of Phase 1 and Hwy. 48 remain as one block and not be rezoned at this time but remain zoned Agriculture (A1) until a development proposal is approved by the Town, including satisfactory provisions for tree preservation.

.

The recommended conditions of draft approval for Phase 1 of the plan of subdivision include conditions with respect to the preservation of the woodlot on the commercial block

The recommended conditions of draft approval include the following conditions with respect to the preservation of the woodlot:

 

·   The Owner shall acknowledge in the subdivision agreement that the Town’s Official Plan and Wismer Commons Secondary Plan designate a portion of the woodlot on Block 72 Environmental Protection Area and Open Space/Environmentally Significant Area respectively.

 

·   The Owner shall agree in the subdivision agreement to preserve a portion of the woodlot, including a 10m environmental buffer, on Block 72 (in private or public ownership) in accordance with the woodlot evaluation report prepared by Harrington and Hoyle Ltd., dated February 7, 1998.

 

·   The Owner shall agree in the subdivision agreement that Block 72 shall not be zoned to permit development until a detailed development proposal is approved by the Town, with provisions for the retention of the identified portion of the woodlot, to the satisfaction of the Town.

 

·   The Owner shall agree in the subdivision agreement that no trees will be removed from any portion of Block 72 until the block is rezoned and site plan approval to permit development has been issued.


 

·   The Owner shall agree in the subdivision agreement that should the woodlot on Block 72 be conveyed into public ownership, provision shall be made in Phase 2 of the proposed plan of subdivision for pedestrian access to the woodlot from Hammersly Boulevard, to the satisfaction of the Town.

 

·   The Owner shall include Block 72 with the residential portion of Phase 1 on the final 65M plan so that the above requirements related to the woodlot and commercial lands can be included in the subdivision agreement and registered on title to this Block.

 

Alignment of Street ‘A’ at the north end of the plan is acceptable

Staff have reviewed the proposed alignment of Street ‘A’ and have determined that straightening it will not be necessary.  A slight bend in the road will allow for a more efficient lot layout and provide for a more visually interesting streetscape.

 

FINANCIAL TEMPLATE: (external link)

Not applicable

 

ENVIRONMENTAL CONSIDERATIONS:

As noted above, there is a woodlot on the subject lands.  Preservation of selected portions of the woodlot will be required as a condition of development approval.

 

ACCESSIBILITY CONSIDERATIONS:

Not applicable

 

ENGAGE 21ST CONSIDERATIONS:

Managed Growth

Approval of the proposed draft plan of subdivision is consistent with a key goal set out in “Engage 21st Century Markham” with respect to Managed Growth.  The proposed development will utilize existing infrastructure and will complete the urban fabric of a key parcel within the Wismer Commons community.  

 

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

Director of Planning and Urban Design                          Commissioner of Development Services


ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo

Figure 4 – Proposed Plan of Subdivision

 

Appendix ‘A’ – Conditions of Draft Approval

Appendices ‘B’ and ‘C’ – Draft Zoning By-law Amendments

 

 

APPLICANT/AGENT:          Debbie Wylie                           Tel:  416-214-5900                                          Next Property Group.                       Fax:  416-214-9011

                                                174 Spadina Avenue

                                                Suite 500

                                                Toronto, Ontario

                                                M5T 2C2

 

DOCUMENT:

 

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