Report
to: Development Services Committee Report Date:
March 23, 2010
SUBJECT: RECOMMENDATION
REPORT
Mattamy (Robinson Creek) Limited
Implementing
Zoning By-law amendments for Phase 3 of draft plan of subdivision 19TM-03008
North of 16th Avenue, west of Roy Rainey Avenue (5616 16th Avenue)
Wismer Commons Community
File
Numbers ZA 08-120322 & SU 03 113679 002
PREPARED BY: Teema
Kanji, Senior Planner
RECOMMENDATION:
1)
That the report
entitled “Recommendation Report, Mattamy (Robinson Creek) Limited, implementing Zoning By-law amendments for
Phase 3 of draft plan of subdivision 19TM-03008. North of 16th Avenue, west of Roy Rainey Avenue (5616 16th Avenue), Wismer Commons
Community. File Numbers ZA 08-120322
& SU 03 113679 002” be received;
2)
That the
application ZA 08-120322 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 and 177-96, as amended, attached to this
report (Appendix ‘A’) be finalized and enacted without further notice;
4)
That conditional
2011 servicing allocation for 44 units (163 population) be granted to plan of
subdivision 19TM-03008 (Phase 3), 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.
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.
The subject lands (Phase 3) consist
of 2.94 ha (7.26 acres) located north of 16th
Avenue, west of Roy Rainey
Avenue within the Wismer
Commons Community. The current plan is
the final phase of a larger draft plan of subdivision that has already been
draft approved and zoned and registered.
On January 13, 2009 a Public Meeting was held to
consider the proposed draft and implementing zoning by-laws for this plan of
subdivision (Phase 3). The applicant was
proposing at the time to develop the Phase 3 lands with 55 single detached
units and 12 semi-detached units for a total of 67 units.
The proposed draft plan of subdivision
was presented at the Public Meeting in conjunction with 3 other proposed draft
plans for the Wismer Commons Community. One area resident expressed concerns with the
proposed developments causing increased traffic congestion on 16th
Avenue and McCowan Road. As a condition of draft plan approval, the
Region of York requires the applicant to undertake a functional transportation
report/plan to identify any Regional road improvements that may be required due
to this proposed development.
The applicant has revised the draft
plan and is now proposing to develop the lands with 60 single detached units
with frontages ranging from 10.7 m to 13.7 m.
There is a partial allocation available
for the proposed draft plan of subdivision.
The February 13,
2008 servicing allocation report indicates that there are 44
units (163 population) of conditional 2011 servicing
allocation available for this plan. The remaining 16 units do not have
servicing allocation. The Owner must
execute a No Pre Sales Agreement and an Indemnity Agreement with the Region of
York for these lots with no servicing allocation.
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 to
staff. 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 provisions
(H1 and H2) related to servicing allocation.
The conditions that need to be satisfied prior to the removal of the
Holding provision (H1 and H2) are based on Regional servicing allocation
criteria and include execution of a No Pre Sale Agreement with the Town, an
indemnity agreement with the Region of York and confirmation of servicing by
the Region.
Draft plan approval will be issued by
the Director of Planning & Urban Design or designate in accordance with
Delegation By-law 2002-202, as amended following the execution of a No Pre Sale
Agreement with the Town and an indemnity agreement with the Region of York
Not applicable.
Not applicable.
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.
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
Figure 1 – Location Map
Figure 2 – Proposed Plan of Subdivision
Appendix ‘A’ - Draft amendment to By-law 304-87, as
amended
- Draft amendments to By-law
177-96, as amended
APPLICANT/AGENT:
Mattamy Development Corporation
c/o Chris Strzemieczny
2360 Bristol Circle
Oakville, ON
L6H 6M5
FILE PATH: Amanda\File SU 03 113679 002\Documents\Recommendation
Report