Report to: Development Services Committee                         Report Date: September 22, 2009

 

 

SUBJECT:                          INFORMATION REPORT

                                            Wynberry Developments Inc. (Phase 3)

                                            Proposed draft plan of subdivision and implementing zoning by-law amendments

                                            East of Mingay Avenue and north of Edward Jeffreys Avenue

                                            Wismer Commons Community

                                            File Numbers ZA 09-119148-002 and SU 01-119048

PREPARED BY:               Doris Cheng, East District Senior Planner - ext. 2331

 

 

RECOMMENDATION:

1)                  That the report dated September 22, 2009 entitled “Information Report, Wynberry Developments Inc. (Phase 3), Proposed draft plan of subdivision and implementing zoning by-law amendments, East of Mingay Avenue and north of Edward Jeffreys Avenue, File Numbers ZA 09-119148-002 and SU 01-119048” be received as background to the upcoming Public Meeting to be scheduled.

 

EXECUTIVE SUMMARY:

Not applicable.

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

 

5. Others (HR, Strategic, Affected Units)                                   6. Attachment(s)

 

PURPOSE:

The purpose of this report is to provide background information regarding applications for draft plan of subdivision approval and implementing zoning by-law amendments within the Wismer Commons community. 

 

BACKGROUND:

Complete Application Date

The applications by Wynberry Developments Inc. were received on July 7, 2009.  The applications were deemed complete on July 10, 2009.

 

Authorization to hold a statutory Public Meeting with respect to the proposed applications was granted by the CAO over the 2009 summer recess.

 

Property and Area Context

The subject land is comprised of 0.9 ha (2.2 acres), located east of Mingay Avenue and north of Edward Jeffreys Avenue, west of Highway 48 within the Wismer Commons community (Figure 1 and 2).  The lands are the final phase of a larger draft plan of subdivision that has been partially draft approved, zoned and registered based on the availability of servicing allocation.  The subject lands are currently vacant.

 

To the north are vacant lands which are designated for an elementary separate school.  Also to the north is a woodlot and other lands for future residential development.  To the west is an existing low density residential plan of subdivision comprised of single-detached and semi-detached homes and townhouses.  To the east and south are existing single detached residential homes.

 

Proposal

Applications for draft plan of subdivision approval and implementing zoning by-law amendments have been submitted for the subject lands.  The original draft plan contained a total of 19.5 units in this phase.  The applicant is now proposing to reduce the number of single and semi-detached units and in its place, provide for townhouse units.  The new draft plan includes a total of 28.5 residential units comprised of the following:

 

Unit Type

Number

of Units

Population

Minimum

Frontage

 

 

 

 

Single Detached Units

8

29.6

10.7 m

Semi-Detached Units

4

12.08

17.4 m

Townhouse Units

16.5

46.53

7.5 m

Total number of Units

28.5

88.21

 

 

Official Plan and Zoning By-law

The Town’s Official Plan designates the lands Urban Residential.  The Wismer Commons Secondary Plan designates the lands Urban Residential – Low Density.  The lands are currently zoned Agriculture (A1) by By-law 304-87, as amended.

 

The proposed plan of subdivision is generally consistent with the Wismer Commons Secondary Plan.

The land use distribution within the proposed plan of subdivision is generally consistent with the Wismer Commons Secondary Plan land use designations and the Wismer Commons Community Design Plan.

 

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, of which, Wismer received 300 units.  On May 19, 2009, Council provided additional 2011 servicing allocation, granting Wismer an additional 768 units of allocation.

 

To date, the Wismer Commons Landowners Group has a total of 1,068 units of 2011 allocation (3,737.8 population).  The Trustee for the Wismer Commons Landowners Group will distribute the allocation amongst the Wismer Commons Landowners.  The applicant informed staff that they have allocation for 18.5 units (68.5 population) and has also indicated that the Landowners Group has provided the full 28.5 units (88.21 population) of allocation to Wynberry Developments Inc.  Written confirmation from the Trustee will be required.

 

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.

 

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

The proposed plan of subdivision will fill in one of the several gaps of residential development in the Wismer Commons community.

 

CONCERNS AND ISSUES TO BE RESOLVED:

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

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed applications will align with the Town’s strategic priorities of Growth Management and Municipal Services by implementing the proposed development in phases in coordination with available servicing allocation.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The proposal has been circulated to various Town departments and external agencies and is currently under review.  All conditions and requirements received will be addressed and incorporated in the final draft plan and conditions of draft approval.

 


RECOMMENDED BY:  

 

 

____________________________                            ______________________________

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

Senior Development Manager                                        Commissioner of Development Services.

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Air Photo 2007

Figure 3 – Area Context and Zoning

Figure 4 – Proposed Plan of Subdivision

 

APPLICANT/AGENT:          Mr. Bobby Bhoola

                                                Ballantry Homes

                                                20 Cachet Woods Court, Suite #6

                                                Markham, Ontario  L6C 3G1  

                                                Telephone: 905-887-7230  Fax:  905-887-7101

                                                Email:  info@ballantryhomes.com

 

FILE PATH: Amanda\File 09 119148\Documents\Information Report

 

Figure 1 – Location Map