Report to: Development Services Committee                                  Report Date: April 20, 2010

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Danvest Wismer Investments Limited and Dovcom Realty Inc.  Phase 3

                                            East of McCowan Road and south of Major Mackenzie Drive

                                            Wismer Commons Community – Implementing Zoning By-law amendments for draft plan of subdivision 19TM-02009

                                            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 April 20, 2010 entitled “Recommendation Report, Danvest Wismer Investments Limited and Dovcom Realty Inc. Phase 3, East of McCowan Road and south of Major Mackenzie Drive, Wismer Commons Community – Implementing Zoning By-law amendments for draft plan of subdivision 19TM-02009, File Numbers ZA 09-123881 and SU 02-115478-002” be received.

 

2)                  That the application ZA 09-123881 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 (Appendix ‘A’) be finalized and enacted without further notice;

 

4)                  That conditional 2011 servicing allocation be granted to plan of subdivision 19TM-02009 Phase 3, from the total allocation for the Wismer Commons Community, assigned in accordance with the February 12, 2008 and May 19, 2009 reports on servicing allocation as follows:

           

i)                    208 units (690 population) to Danvest Wismer Investments Limited and Dovcom Realty Inc. comprised of 113 single detached units, 20 semi-detached units, 75 townhouse units;

ii)                   31 units (103.8 population) to Amber Plains Developments Limited comprised of 15 single detached units and 16 semi-detached units; and

iii)                 40.5 units (129.61 population) to Mackenzie Builders and Developers Ltd. comprised of 17.5 single detached units and 23 townhouse units.

 

5)                  That the Mayor and Clerk be authorized to enter into a No Presales Agreement, if required, with the Owner of Plan 19TM-02009 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 future phases of these 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 Markham has allocated adequate available water supply and sewage servicing capacity to the lands; and

iii)                 The Trustee for the Wismer Commons Developers’ Group Cost Sharing Agreement has assigned the remaining 192.5 units of conditional servicing (water and sewer) allocation to the Owner.

 

6)                  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 November 3, 2009, a Public Meeting was held to consider these applications for draft plan approval and implementing zoning for a residential plan of subdivision.  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 subdivision consists of a total of 472 residential units, of which 400.5 units will be retained by Danvest Wismer Investments Limited and Dovcom Realty Incorporated.  The Wismer Commons Developers Group has allocated 208 units (690 population) to the applicant for this phase of development.  The remaining 192.5 units have no allocation and will be subject to a Holding Provision.

 

Danvest Wismer Investments Limited will transfer 31 units, consisting of 15 single-detached and 16 semi-detached units to Amber Plains Developments Limited.  The Developers Group has assigned 31 units (103.8 population) of allocation to Amber Plains to be used within this plan of subdivision.  Amber Plains will be subject to the conditions of draft approval for this subdivision, but will register these lots separately. 

 

Similarly, Danvest Wismer Investments Limited will transfer 40.5 units consisting of 17.5 single-detached units and 23 townhouses to Mackenzie Builders and Developers Ltd. for which the Developers Group has assigned 40.5 units (129.61 population) of allocation.   Mackenzie Builders and Developers Ltd. will also be subject to the conditions of draft approval for this subdivision, but will register these lots separately. 

 

 

 

OPTIONS/ DISCUSSION:

The distribution of the additional conditional 2011 servicing allocation was conditional on the completion of municipal road infrastructure in the Wismer Community, including the completion of Castlemore Avenue, between Roy Rainey Avenue and Mingay Avenue.

 

The completion of this collector road will improve the overall flow of traffic in the Wismer Commons community.  Staff continues to work with the applicant and the Developers Group to finalize the construction drawings of Castlemore Avenue.  The completion of Castlemore Avenue will be secured through the conditions of draft plan approval.

 

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.  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, if required, 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 Zoning By-law Amendments

 

APPLICANT:              Frank Palombi

                                    Danvest Wismer Developments Ltd. and Dovcom 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.

                                    64 Jardin Drive, Unit 1B

                                    Concord, Ontario  L4K 3P3

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

                                    Email:  swiles@klmplanning.com or wilesplan@rogers.com

 

                                               

 FILE PATH: Amanda\File 09 123881 \Documents\Recommendation Report

 


Figure 1 – Location Map