Report to: Development Services Committee                               Report Date: March 23, 2010

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            1039954 Ontario Limited

                                            Implementing Zoning By-law amendments for draft plan of subdivision 19TM-02016 Phase 4 and 5

                                            Southwest corner of Major Mackenzie Drive & Ralph Chalmers Avenue

                                            Wismer Commons Community

                                            File Numbers: ZA 09-122509 and SU 02-118676

 

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

 

 

RECOMMENDATION:

1)                  That the report entitled “Recommendation Report, 1039954 Ontario Limited, Implementing Zoning By-law amendments for draft plan of subdivision 19TM-02016 Phase 4 and 5, Southwest corner of Major Mackenzie Drive & Ralph Chalmers Avenue, Wismer Commons Community, File Numbers ZA 09-122509 and SU 02-118676, dated March 23, 2009” be received;

 

2)                  That the application ZA 09-122509 for amendments to Zoning By-laws 304-87 as amended and 177-96, as amended, be approved;

 

3)                  That the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, attached to this report as Appendix ‘A’ be finalized and enacted without further notice;

 

4)                  That conditional 2011 servicing allocation for 31.5 single detached units and 8 semi-detached units (total 39.5 units or 140.7 population) be granted to plan of subdivision 19TM-02016 – Phase 4, from the total allocation for the Wismer Commons community, assigned in accordance with the February 12, 2008 report on servicing allocation;

 

5)                  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 the implementing zoning by-laws be enacted, and that conditional 2011 servicing allocation be granted.

 

 

 

BACKGROUND:

On December 7, 2009, a Public Meeting was held to consider these applications for draft plan approval and implementing zoning for a residential plan of subdivision consisting of 75 units.  The current plan is the final phase of a larger draft plan of subdivision that has already been partially draft approved, zoned and registered based on the availability of servicing allocation.  The Wismer Commons Developers Group has assigned a total of 39.5 units (140.71 population) to this subdivision, which consists of 31.5 single detached and 8 semi detached units.  The remaining 35.5 units have no allocation and will be subject to a Holding Provision.

 

At the Public Meeting, concerns were expressed related to the completion of Hammersley Boulevard and the coordination of the delivery of roads with the adjacent lands to the west, owned by Wismer Markham Developments Inc.  Staff have confirmed with the Trustee, applicant and the adjacent land owner that all of the roads in this plan of subdivision will be delivered in coordination with the neighbouring property.  Conditions to this effect will be included in the conditions of draft approval.

 

OPTIONS/ DISCUSSION:

Staff recommends finalization and enactment of the by-laws

Staff have completed their review and evaluation of the applications, and the proposal is considered acceptable.  Therefore, in accordance with the Public Meeting resolution, the draft implementing zoning by-law amendments (Appendix ‘A’) may now be finalized for enactment.  The amendment to By-law 177-96, as amended includes a Holding provision (H) which applies to those units that do not have servicing allocation.  The conditions that need to be satisfied prior to the removal of the (H) are based on Regional servicing allocation criteria. 

 

Delegated approval of the draft plan of subdivision by the Director of Planning and Urban Design or designate, will follow Council approval of the implementing zoning by-law amendments, in accordance with Section 2(b)(iv) of Delegation By-law 2002-202, as amended, and the granting of conditional 2011 servicing allocation.  The applicant will be required to execute no pre-sales and indemnity agreements (for lands with no real allocation) with the Town and the Region of York respectively, prior to draft plan approval.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

HUMAN RESOURCES CONSIDERATIONS:

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

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

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been reviewed by various Town departments and external agencies.  Requirements of the Town and external agencies will be reflected in the conditions of draft plan of subdivision approval and the implementing zoning by-law amendments.

 

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 – Proposed Plan of Subdivision

Appendix ‘A’ – Draft amendment to By-law 304-87, as amended

 

APPLICANT/AGENT:          Mr. Rade Mikijeli

                                                KLM Planning Partners Inc.

                                                64 Jardin Drive, Unit 1B

                                                Concord, Ontario  L4K 3P3

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

                                                Email:  rmikijeli@KLMplanning.com 

 

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

 

Figure 1 – Location Map