Report to: Development Services Committee                         Report Date: November 17, 2009

 

 

SUBJECT:                          PRELIMINARY REPORT

                                            1039954 Ontario Limited

                                            Southwest corner of Major Mackenzie Drive & Ralph Chalmers Avenue

                                            Wismer Commons Community - Proposed plan of subdivision and implementing zoning by-law amendments

                                            File Numbers: SU 02-118676 (19TM-02016 – Phase 4 and 5) and ZA 09-122509

 

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

 

 

RECOMMENDATION:

1)                  That the report dated November 17, 2009 entitled “Preliminary Report, 1039954 Ontario Limited, Southwest corner of Major Mackenzie Drive & Ralph Chalmers Avenue, Wismer Commons Community – Proposed plan of subdivision and implementing zoning by-law amendments, File Numbers SU 02-118676 (19TM-02016-Phase 4 and 5) and ZA 09-122509;

 

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 to consider the applications.

 

BACKGROUND:

The applications were received August 21, 2009.  The applications were deemed complete on October 23, 2009.

 

Property and Area Context

The subject lands are comprised of 3.64 ha (9.0 acres).  The lands are located south of Major Mackenzie Drive, west of Ralph Chalmers Avenue, within the Wismer Commons community (Figure 1 and 2).  The lands are the final phases 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 lands currently used for agricultural purposes.  To the south are Fred McLaren Boulevard Park, an elementary school, and an existing residential neighbourhood.  To the west are vacant lands intended for low density residential development.  Previous phases of the subdivision are located to the east.    

 

Proposal

The proposed draft plan of subdivision contains a total of 59.5 single detached units and 18 semi-detached units (274.51 population), as follows:

 

Unit Type

Number

of Units

Population

Minimum

Frontage

Phase 4

 

 

 

Single Detached Units

22

81.4

10.7-12.2 m

Semi-Detached Units

14

42.28

15.0 m

 

 

 

 

Total in Phase 4

36

123.68

 

 

 

 

 

Phase 5

 

 

 

Single Detached Units

37.5

138.75

10.7-13.7 m

Semi-Detached Units

4

12.08

15.0 m

Total in Phase 5

41.5

150.83

 

 

 

 

 

Total number of Units in both Phases

77.5

274.51

 

 

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 Rural Residential Four (RR4) 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 27 units of 2011 allocation.  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:

The following is a brief summary of concerns/issues raised to date.  These matters and any others identified through the circulation and detailed review of the proposal will be addressed in a memo, if required, at a later date. 

 

  • The recently released Draft Regional Official Plan identifies a 45 metre right-of-way for Major Mackenzie Drive to protect for transit initiatives including dedicated HOV lanes and enhanced streetscaping, which may impact the proposed plan of subdivision.  This will result in an additional 4.5m widening required from the subject lands.  Currently, the Regional Official Plan indicates a 36 metre right-of-way. 

 

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 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, Development Services

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo

Figure 4 – Proposed Plan of Subdivision

 

APPLICANT/AGENT:

KLM Planning Partners Inc.

64 Jardin Drive, Unit 1B

Concord, ON  L4K 3P3

RMikijeli@KLMplaning.com

Tel:  905-669-4055   Fax:  905-669-0097

 

FILE PATH: Amanda\File 09 122509\Documents\Preliminary Report

 

FIGURE 1 – Location Map