Report to: Development Services Committee                              Report Date: October 6, 2009

 

 

SUBJECT:                          PRELIMINARY REPORT

                                            Danvest Wismer Investments Limited Phase 3

                                            Applications for Draft Plan of Subdivision and Zoning By-law Amendment (19TM-02009)

                                            East of McCowan Road and south of Major Mackenzie Drive

                                            Wismer Commons Community

                                            File Numbers: ZA 09-123881 and SU 02-115478-002

 

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

 

 

RECOMMENDATION:

1)                  That the report dated October 6, 2009 entitled “Preliminary Report, Danvest Wismer Investments Limited Phase 3, Applications for Draft Plan of Subdivision and Zoning By-law Amendment (19TM-02009), East of McCowan Road and south of Major Mackenzie Drive, File Numbers ZA 09-123881 and SU 02-115478-002” be received.

 

2)                  That Staff be authorized to schedule a statutory Public Meeting to consider the proposed Draft Plan of Subdivision and Zoning By-law Amendment.

 

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

 

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 and to recommend that Committee authorize the scheduling of a statutory Public Meeting.

 

BACKGROUND:

The applications were received August 12, 2009.  The applications were deemed complete on September 21, 2009.

 

Property and Area Context

The subject lands are comprised of four separate land parcels totaling approximately 19.05 ha (47.07 acres).  The lands are located south of Major Mackenzie Drive, west of McCowan Road, north of Castlemore Avenue and east of Mingay Avenue, 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. 

 

To the north across Major Mackenzie Drive are vacant lands as well as a place of worship and golf driving range.  To the south is the Wismer community park, woodlot and Catholic elementary school.  To the west is a gas station and convenience store.  The remainder of the lands is surrounded by vacant parcels, as well as various phases of registered plans 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 proposed draft plan of subdivision contains a total of 472 units (1,533.64 population), which is comprised of the following:

 

Unit Type

Number

of Units

Population

Minimum

Frontage

Phase 3

 

 

 

Single Detached Units

71

262.7

12.2 m

 

18

66.6

11.6 m

 

24

88.8

10.7 m

Semi-Detached Units

4

12.08

18.2 m

 

16

48.32

18.0 m

Townhouse Units (Lane Based)

26

73.32

5.6 m

Townhouse Units

23

64.86

7.9 m

Total in Phase 3

182

616.68

 

 

 

 

 

Phase 3a

 

 

 

Single Detached Units

15

55.5

10.7 m

Semi-Detached Units

16

48.32

17.4 m

Total in Phase 3a

31

103.82

 

 

 

 

 

Phase 3b

 

 

 

Single Detached Units

17.5

64.75

10.7 m

Semi-Detached Units

23

69.46

7.9 m

Total in Phase 3b

40.5

134.21

 

 

 

 

 

Future Phase

 

 

 

Single Detached Units

1

3.7

14.44 m

 

53.5

197.95

10.7 m

Semi-Detached Units

38

114.76

18.2 m

 

36

108.72

18.0 m

Townhouse Units (Lane Based)

45

126.9

5.6 m

Townhouse Units

45

126.9

7.9 m

Total in Future Phase

218.5

678.93

 

 

 

 

 

Total number of Units in ALL Phases

472.0

1,533.64

 

 

The application for draft plan of subdivision also includes the completion of a missing road segment of Castlemore Avenue between Roy Rainey Avenue and Mingay Avenue within the Wismer Commons Community (Figure 4).

 

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 has informed staff that they have some remaining allocation and that the Landowners Group will provide additional units of allocation to Danvest Wismer Investments Limited to complete Phase 3.  Written confirmation of allocation from the Trustee will be required.

 

The following are the requirements for approval of draft plans of subdivision 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

 

File path: Amanda\File 02 115478\Documents\Recommendation Report

 

APPLICANT:                         Owner:  Danvest Wismer Developments Limited

                                                Dovecom Realty Inc.

                                                3625 Dufferin Street, Unit 500

                                                Downsview, ON  M3K 1N4

                                                Telephone:  416-635-7520  Fax:  416-635-9921

                                                Email:  FPalombi@hr-dev.com

 

AGENT:                                 Ms. Sandra Wiles

                                                KLM Planning Partners Inc.

                                                24 Jardin Drive  Unit 1B

                                                Concord, Ontario  L4K 3P3    

                                                Telephone: 905-669-4055   Fax:  905-669-0097

                                                Email:  swiles@klmplanning.com 

 

Figure 1 – Location Map