Report to: Development Services Committee Report Date:
SUBJECT: RECOMMENDATION REPORT
16th and McCowan Holdings Ltd.
East of McCowan Road,
north of
Wismer Commons Community
Applications
for Draft Plan of Subdivision Approval and
Implementing
Zoning By-law Amendments
SU 02 115896 (19TM-02011 – Phase 3)
and ZA 08 122207
PREPARED BY: Gary Sellars, Senior Planner, East District (ext. 2960)
1) That the report entitled “Recommendation Report, 16th and McCowan Holdings Ltd., East of McCowan Road, north of 16th Avenue, Wismer Commons Community, Applications for Draft Plan of Subdivision Approval and Implementing Zoning By-law Amendments, SU 02 115896 (19TM-02011 – Phase 3) and ZA 08 122207”, dated October 6, 2009 be received;
2)
That draft plan of subdivision 19TM-02011 - Phase 3
submitted by 16th and McCowan Holdings Ltd., be draft approved
subject to the conditions outlined in Appendix ‘A’;
3)
That
the application submitted by 16th and McCowan Holdings 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 12 units (44.4 pop.)
be granted to plan of subdivision 19TM-02011 - Phase 3 from the total
allocation for the Wismer Commons Community, assigned in accordance with the
February 12, 2008 staff report on servicing allocation;
5) That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02011 (Phase 3 - 12 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 3 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-02011 (Phase 3 – 136.5 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 3 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 136.5 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 3 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 two
parcels with a combined area of 6.2
ha. (15.3 acres) located east of
The surrounding context is as follows:
- To the north are vacant lands; a draft residential
plan of subdivision (Amber Plain Investments Ltd.) has recently been
approved for these lands;
- To the south, across
- To the east is existing residential development and the
- To the west is existing residential development and the Salvation Army Church
Official Plan and Zoning By-law
The
Wismer Commons Secondary Plan designates the lands Urban Residential – Low
Density. The lands are currently zoned
Rural Residential (RR4) by By-law 304-87, as amended.
Proposal
The
proposed plan of subdivision (Figure 4) is comprised of the following:
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This plan
also includes 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.
The net
site density of the proposed plan is consistent with the density provisions in
the Secondary Plan (17.0 to 37.0 units per hectare).
OPTIONS/ DISCUSSION:
Town policies now allow draft plan approval in advance of servicing
allocation
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
A window street (single loaded) is
provided adjacent to
The proposed phasing strategy for the plan is acceptable
As conditional 2011 servicing allocation is
only available for a portion of the plan (12 units), the plan will need to be
phased. The first phase of the
plan includes an extension of
Although only 12 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 148.5 units of the draft plan of subdivision are being recommended for approval.
Wismer Commons Developers’ Group is required to complete
The distribution of the additional
conditional 2011 servicing allocation is conditional on the completion of
The existing hedgerow on the westerly boundary of the lands will be
retained
The applicant has agreed to retain
the existing hedgerow (coniferous trees) on the westerly boundary of the lands. The trees will be preserved in the rear yards
of the lots in this location. The 30m
depth of the lots will facilitate this preservation.
Several concerns/issues were identified by area residents at the Public
Meeting and in written correspondence
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 0.065 ha. (0.061 acres) of that required parkland dedication for the Wismer community.
3. Semi-detached units should not be approved in a neighbourhood designated for low density development.
The Urban Residential – Low Density
designation on the subject lands permits semi-detached units. The proposed mix
of single detached and semi-detached units is consistent with the density
provisions of the Wismer Commons Secondary Plan and with the Wismer Commons
Community Design Plan. The proposed plan
provides a transition of single detached lots from the existing single detached
lots on
4. Schedule for the completion of the
The Engineering
Department is aware of the need for the completion 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
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
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:
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 115896\Documents\General Report Template