Report to: Development Services Committee                           Report Date: November 4, 2008

 

 

 

SUBJECT:                          PRELIMINARY REPORT

                                            Amber Plain Investment Ltd.

                                            SU 02 110218 (19TM-02003) and ZA 08 115916

                                            16th and McCowan Holdings Ltd.

                                            SU 02 115896 (19TM-02011) and ZA 08 122207

                                            Mattamy (Robinson Creek) Ltd.

                                            SU 03 113679 (19TM-03008) and ZA 08 120322

                                            Wismer Markham Dev. Inc.

                                            SU 02 113757 (19TM-02008) and ZA 08 121722

                                            Wismer Commons Community

                                            Applications for Draft Plan of Subdivision Approvals and

                                            Implementing zoning by-law amendments

 

PREPARED BY:               Gary Sellars, Senior Planner – East Development Team

 

 

 

RECOMMENDATION:

That a Public Meeting be held to consider the applications submitted by Amber Plain Investments Ltd., 16th and McCowan Holdings Ltd., Mattamy (Robinson Creek) Ltd., and Wismer Markham Dev. Inc., for draft plan of subdivision approvals and implementing zoning by-law amendments for the final phases of residential plans of subdivision within the Wismer Commons community.

 

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

 

1. Purpose       2. Background         3. Discussion        4. Financial      5. Others (Strategic, Affected Units)       6. Attachment(s)

 

 

PURPOSE:

The purpose of this report is to provide preliminary information regarding four applications for draft plan of subdivision approvals and implementing zoning by-law amendments within the Wismer Commons Community, and to recommend that Committee authorize the scheduling of a public meeting to consider the applications.  

 

BACKGROUND:

Complete Application Dates

The applications were received and deemed complete as follows:

Amber Plain Investments Ltd.               May 7, 2008 / May 23, 2008

16th and McCowan Holdings Ltd.         July 23, 2008 / September 23, 2008

Mattamy (Robinson Creek) Ltd.           June 27, 2008 / September 30, 2008

Wismer Markham Dev. Inc.                  July 15, 2008 / August 21, 2008


 

Property and Area Context

The subject lands (Figures 1, 2 and 3) are located east of McCowan Road, north of 16th Avenue, within the Wismer Commons community.  The lands comprise the final phases of larger draft plans of subdivision that have been partially draft approved, zoned and registered based on the availability of servicing allocation. Servicing allocation is not currently available for the proposed plans of subdivision.  Conditional 2011 allocation is available for some units.

Official Plan and Zoning By-law

The Town’s Official Plan designates the majority of the lands Urban Residential.  The lands adjacent to Bur Oak Avenue at McCowan Road, and east of Mingay Avenue, are designated Community Amenity Area.

 

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.  The lands adjacent to Bur Oak Avenue at McCowan Road, and east of Mingay Avenue, are designated Community Amenity Corridor.  Portions of the lands adjacent to McCowan Road and Robinson Creek are designated Neighbourhood Park/Open Space.  The net site densities of the proposed plans are consistent with the density provisions in the Secondary Plan.

 

The lands are currently zoned Agriculture (A1) and Rural Residential (RR4) by By-law 304-87, as amended.

Proposals

The proposed plans of subdivision (Figures 4 to 8) are comprised of the following:

 

1. Amber Plain Investments Ltd. (19TM-02003) (Figure 4)

 

 

Units

Lot Frontage

 

Single Detached

 

188

 

10.7m, 13.3m, and 15.2m

Semi-detached

 

102

 

17.4m

 

 

 

Townhouse

 

 

78

 

4.27m (per unit,

 lane based)

Total Units

368

 

Total Area

17.5 ha. (43.2 acres)

 

Net Site Density (Urban Residential Area)

 

32.8 uph

 

Net Site Density (Community Amenity Area)

 

57.3 uph

 

 

This plan also includes the following:

 

·    a 1.3 ha. (3.2 acres) park block adjacent to McCowan Road

·    a 1.2 ha. (2.9 acres) park block adjacent to Robinson Creek

·    a 10m wide environmental buffer block adjacent to the Robinson Creek

 

2. 16th and McCowan Holdings Ltd. (19TM-02011) (Figure 5)

 

 

           Units

Lot Frontage

 

Single Detached

 

48

 

10.7m and 13.3m

Semi-detached

 

102

 

         18.3m 

 

Townhouse

 

 

NA

 

Total Units

150

          

Total Area

6.2 ha. (15.3 acres)

 

Net Site Density

34.8 uph

 

 

This plan also includes the following:

 

·    a 0.065 ha. (0.161 acres) park block at the northwest corner of the plan which will eventually be combined with adjacent park and open space lands (woodlot) to the north


 

3. Mattamy (Robinson Creek) Ltd. (19TM-03008) (Figure 6)

 

 

            Units

Lot Frontage

 

Single Detached

 

55

 

10.7m, 11.6m and 13.3m

Semi-detached

 

12

 

         17.4m

 

Townhouse

 

 

NA

 

Total Units

67

        

Total Area

2.94 ha. (7.3 acres)

 

Net Site Density

33.5 uph

 

 

4. Wismer Markham Development Inc. (19TM-02008) (Figures 7 and 8)

 

 

           Units

 

 

Lot Frontage

Single Detached

 

217

 

10.7m, 12.2m 13.7m, and 15.3m

Semi-detached

         

16

 

14.84m

 

Townhouse

 

 

95

 

5.9m (per unit, lane based) and 7.0m per unit

Total Units

328

        

Total Area

14.6 ha. (36.1 acres)

 

Net Site Density (Urban Residential Area)

 

29.0 uph

 

Net Site Density

(Community Amenity Area)

 

49.1 uph

 

 

 

 

Public Meetings 

Public meetings were previously held for the proposed plans of subdivision.  However, as these public meetings were held more that 2 years ago, new public meetings are required.

 

OPTIONS/ DISCUSSION:

Town policies now allow draft plan approval in advance of servicing allocation.

On February 12, 2008 Council adopted policies for draft plan of subdivision approval with conditional 2011 servicing allocation and/or no servicing allocation, and granted conditional 2011 allocation for 2,978 units (10,185 population) across the Town. The Wismer Commons community received conditional 2011 allocation for 300 units (1,110 population).  The Trustee for the Wismer Commons Developers’ Group has subsequently divided the conditional 2011 allocation amongst the Wismer Developers.  Each of the proposed plans of subdivision (Figures 4 to 8) identifies the portion of the plan that will receive its share of the conditional 2011 allocation and the part that that will have no allocation (chart below).

 

Applicant

Conditional 2011 Servicing Allocation

No Servicing Allocation

Total Units

Amber Plain Investments Ltd.

77

291

368

16th and McCowan Holdings Ltd.

12

138

150

Mattamy (Robinson Creek) Ltd.

12

55

67

Wismer Markham Development Inc.

91

237

328

Total Units

192

721

913

 

The following are the requirements for approval of draft plans of subdivisions with conditional servicing allocation and/or no servicing allocation:

 

§      the owner must enter into an agreement with the Town of Markham not to pre-sell units within the draft plan until a specified date (one year prior to the required Regional servicing infrastructure being available) 

§      the owner must enter into an indemnity agreement with the Region.  The intent of the indemnity agreement is to protect the Region from possible lawsuits if the servicing infrastructure is not delivered in the anticipated timeframe

§      both of the above-noted agreements must be executed prior to draft plan approval

§      the draft plan must be subject to hold provisions in the zoning by-law which are not to be removed until servicing allocation is confirmed by the Region

 

 

 

The portion of the draft plan with confirmed servicing allocation would be released for registration after hold provisions are removed.

 

Development Approval Process

As  previously noted, the subject lands comprise the final phases of larger draft plans of subdivision that have been partially draft approved, zoned and registered based on the availability of servicing allocation. In accordance with the amendment to the delegation by-law adopted by Council on June 27, 2006 these draft plans may be dealt with as follows:

 

  • Following the Public Meeting, staff will complete their review of the applications.
  • If Council supports the proposal, an implementing zoning by-law amendment will be forwarded to Council for approval, with a Holding provision, to be removed once servicing allocation is confirmed.
  • Draft approval of the plan of subdivision will be issued by the Director of Planning and Urban Design, following Council enactment of the implementing zoning by-law amendments and execution of a no pre-sales agreement and indemnity agreement.

 

However, if significant issues are identified at the Public Meeting or through subsequent staff review, a recommendation report will be brought forward to Development Services Committee for consideration.  A report will identify the issues raised, and how they have been addressed, prior to the implementing zoning by-law(s) being forwarded to Council.

 

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSALS:

The proposed plans of subdivision will fill in several of the holes in the emerging fabric of the Wismer Commons community as servicing allocation becomes available. Three park blocks and an environmental buffer adjacent to the Robinson Creek  will be conveyed to the Town upon registration of the first portions of the Amber Plain Investments plan and the 16th and McCowan plan.

 

CONCERNS/ISSUES TO BE RESOLVED:

No concerns/issues have been identified to date.  Any concerns/issues raised through the circulation and detailed review of the proposals will be addressed in a final staff report to be presented to Committee, if required, at a later date.

 

FINANCIAL CONSIDERATIONS:

Any financial issues identified during the circulation of these applications will be addressed in the recommendation reports, if required, for the subject applications

 


 

ALIGNMENT WITH STRATEGIC PRIORITIES:

Growth Management and Environment

The proposed plans of subdivision will:

 

·   be built out in an orderly fashion based on the availability of servicing allocation and in accordance with the Wismer Commons Secondary Plan and Community Design Plan  

·   provide  an environmental buffer adjacent to the Robinson Creek

 

DEPARTMENTS CONSULTED AND AFFECTED:

The proposals are currently in circulation to other Town Departments and agencies for review.

 

CONCLUSION:

Staff recommends that a statutory public meeting be held to consider the applications for draft plan of subdivision approvals and implementing zoning by-law amendments.

 

RECOMMENDED BY:

 

 

 

_________________________________             ________________________________

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

Director of Planning & Urban Design                         Commissioner of Development Services

 

 

 

ATTACHMENTS:

Figure 1 - Applicant/Agent & Location Map

Figure 2 - Area Context/Zoning

Figure 3 – Air Photo

Figures 4 to 8 - Proposed Plans of Subdivision


 

APPLICANT/AGENT:

 

KLM Planning Partners Inc                                                                   Tel. (905) 669-4055

Mark Yarranton/Rade Mikijelj Fax. (905) 669-0097

64 Jardin Drive, Unit 1B

Concord, ON

L4K 3P3

 

Goldberg Group                                                                                   Tel. (416) 322-6364

Todd Trudelle                                                                                       Fax. (416) 932-9327

2171 Avenue Road, Suite 301

Toronto, ON

M5M 4B4

 

S.C. Land Management Corp.                                                              Tel. (905) 787-1542               

Sal Crimi.                                                                                             Fax. (905) 737-2464

52 Gatcombe Circle

Richmond Hill, ON

L4C 9P5

 

Metrus Development Inc                                                                       Tel. (905) 669-5571

Nick Mracic.                                                                                        Fax. (905) 669-2134

1700 Langstaff Rd., Ste. 2003

Concord, ON

L4K 3S3

 

Mattamy Robinson Creek Ltd.  Tel. (905) 829-7879

Chris Strzemieczny                                                                               Fax. (905) 829-2002

2360 Bristol Circle

Oakville, ON

L6H 6M5

 

 

DOCUMENT :

 

Q:\Development\Planning\APPL\SUBDIV\02110218 Amber Plain Ph 3A\Preliminary Report Nov 4 08.doc