Report to: Development Services Committee Report Date:
SUBJECT: RECOMMENDATION REPORT
Amber Plain Investment Ltd.
East of McCowan Road, north
and south of
Wismer Commons Community
Applications
for Draft Plan of Subdivision Approval and
Implementing
Zoning By-law Amendments
SU 02 110218 (19TM-02003 – Phase 4)
and ZA 08 115916
PREPARED BY: Gary Sellars, Senior Planner, East District (ext. 2960)
RECOMMENDATION:
1) That the report entitled “Recommendation Report, Amber Plain Investment Ltd., East of McCowan Road, north and south of Bur Oak Avenue, Wismer Commons Community, Applications for Draft Plan of Subdivision Approval and Implementing Zoning By-law Amendments, SU 02 110218 (19TM-02003 – Phase 4) and ZA 08 115916”, dated June 16, 2009 be received;
2)
That draft plan of subdivision 19TM-02003 - Phase 4 submitted
by Amber Plain Investments
Ltd.,
be draft approved subject to the conditions outlined in Appendix ‘A’;
3)
That
the application submitted by Amber Plain Investments Ltd. to amend Zoning By-laws 304-87 and
177-76, as amended, be approved and the draft by-laws attached as Appendices ‘B’ and ‘C’, be finalized and
enacted without further
notice;
4)
That servicing allocation for 126 units (424 pop.) be
granted to plan of subdivision 19TM-02003 - Phase 4A from the total
allocation for the Wismer Commons Community, assigned in accordance with the
February 12, 2008 and May 19, 2009 staff reports on servicing allocation;
5) That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02003 (Phase 4A - 126 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase 4A lands, until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will be within twelve (12) months;
6) THAT the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02003 (Phase 4B - 245 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase 4B lands, until:
i. York Region has advised in writing that the expected completion of the Southeast Collector Sewer will be within twelve (12) months;
ii.The Council of the Town of
iii.The Trustee for the Wismer Commons Developers’ Group Cost Sharing Agreement has assigned 245 units of conditional servicing (water and sewer) allocation to the Owner.
7) That the Town reserves the right to
revoke or reallocate the servicing allocation should the development not
proceed in a timely manner;
8) That the Region of York be advised of
the servicing allocation for this development;
9) 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 2008-257);
10) And that Staff be authorized and directed
to do all things necessary to give effect to this resolution.
PURPOSE:
The purpose of this report is to address outstanding issues that were identified at the public meeting for these applications, and to recommend draft approval for Phase 4 of a proposed plan of subdivision in the Wismer Commons Community and approval of implementing zoning by-law amendments for the plan.
BACKGROUND:
Property and Area Context
The subject lands consist of 16.7 ha.
(41.2 acres) located east of
The surrounding context is as follows:
- To the north, across
- To the south is existing residential development and vacant lands for which a residential plan of subdivision has been submitted by 16th and McCowan Holdings Ltd.;
- To the southeast is a future public elementary school
site and neighbourhood park;
- To the east is the
- To the west, across
Official Plan and Zoning By-law
The
Wismer Commons Secondary Plan designates the majority of the lands Urban
Residential – Low Density. The lands
adjacent to
The lands are
currently zoned Agriculture (A1) and Rural Residential (RR4) by By-law 304-87,
as amended.
Proposal
The
proposed plan of subdivision (Figures 4) is comprised of the following:
|
|
Units
|
|
Single
Detached
|
191 |
10.7m, 13.3m, and 15.2m |
Semi-detached
|
102 |
17.4m |
|
Street Townhouses (south side of |
30 |
4.27m (per unit, lane based) |
|
Condominium Townhouses (NE corner of |
48 |
|
|
Total Units |
371 |
|
|
Total Area |
17.6 ha. (43.4 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
·
a 1.2
ha. (2.9 acres) park block adjacent to
·
a 10m wide environmental buffer block adjacent
to the
The net
site density of the proposed plan is consistent with the density provisions in
the Secondary Plan.
OPTIONS/ DISCUSSION:
Town policies now allow draft plan approval in advance of servicing
allocation
On
On
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 the issuance of draft
plan approval by the Director of
§
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 conditional servicing
allocation would be released for registration after hold provisions are removed.
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.
The
proposed road and lotting pattern is acceptable
The alignment of
The proposed phasing strategy for the plan is acceptable
As conditional 2011 servicing allocation is
only available for a portion of the plan (126 units), the plan will need to be
phased. The first phase of the
plan (Phase 4A) includes the two collector roads (
Although only 126 units of conditional 2011 servicing allocation has been assigned to this plan, as per the policies adopted by the Region on November 15, 2007 and Town of Markham Council on February 12, 2008, the entire 371 units of the draft plan of subdivision are being recommended for approved.
The limit of development adjacent to the valley corridor has been
established
The limit of development adjacent
to the
The TRCA will require the applicant to undertake a detailed engineering report that describes the storm drainage system (quantity and quality) as a condition of draft plan approval to ensure compliance with the approved Wismer Commons Master Environmental Servicing Plan.
A 10 metre environmental buffer has been provided adjacent to the
valley corridor
A 10 metre environmental buffer has
been provided adjacent to the
Wismer Commons Developers’ Group is required to complete
The distribution of the additional
conditional 2011 servicing allocation is conditional on the completion of
The completion of these collector
roads will improve the overall flow of traffic in the Wismer Commons community. This condition will be secured through the
conditions of draft plan approval and the implementing zoning by-law amendment.
Several concerns/issues were identified by area residents at the Public
Meeting
The following concerns/issues were identified by area residents:
- Proposed
development will increase traffic congestion on
The Region of York will require the applicant to undertake a functional transportation report/plan as a condition of draft plan approval to identify any Regional road improvements that may be required due to this proposed development.
- Amount of Open Space being provided is not adequate.
The Wismer Commons Developers’ Group has provided the required parkland dedication and valleyland/open space in accordance with Town policy to allow for the build out of the community. This proposed plan of subdivision includes 2.5 ha. (6.1 acres) of that required parkland dedication for the Wismer community.
- Flooding
on
The
Engineering Department has advised that
The Engineering Department has also advised that the valley corridor in this location has been designed to function as an on-line quantity control storm water management pond. Thus, during extreme storm events, storm water will cover a larger area of the valley corridor than under normal conditions.
- Potential
pedestrian bridge crossing of the
The Wismer
Commons Community Design Plan identifies a potential pedestrian bridge crossing
of the
FINANCIAL CONSIDERATIONS:
Not Applicable.
HUMAN
RESOURCES CONSIDERATIONS:
Not Applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Growth Management and Environment
The proposed plan 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
· be subject to the Energy
Star Program guidelines for low-rise residential development, as per Council’s
recent direction
· provide additional community parkland and an
environmental buffer adjacent to the
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:
_____________________________ ______________________________
Senior Development Manager Commissioner, Development Services
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:
KLM
Rade Mikijelj Fax. (905) 669-0097
L4K 3P3
S.C. Land Management Corp. Tel.
(905) 787-1542
L4B 3N6
File path: Amanda\File 02 110218\Documents\Recommendation Report