DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Deborah Wylie, Senior Planner, East Development District

 

 

 

 

DATE OF MEETING:

March 23, 2004

 

 

 

 

SUBJECT:

FINAL RECOMMENDATION REPORT

16th & McCowan Holdings Limited, Phase 1

(formerly The Bridge/16th Avenue & McCowan Holdings Limited)

Proposed plan of subdivision and implementing zoning by-law amendment

5330, 5430 & 5440 Sixteenth Avenue

Wismer Commons Community

SU 02 115896 (19TM-02011) and ZA 02 115894

 

 

 

 


 

RECOMMENDATION:

THAT the Record of Public Meeting held on December 3, 2002, regarding the proposed draft plan of subdivision and zoning by-law amendment applications (SU 02 115896 & ZA 02 115894) submitted by 16th & McCowan Holdings Limited be received;

 

That the first phase (119 units) of draft plan of subdivision 19TM-02011 (SU 02 115896) located on the north side of Sixteenth Avenue, east of McCowan Road, proposed by 16th & McCowan Holdings Limited, be draft approved, subject to the conditions outlined in Appendix ‘A’;

 

That zoning by-law amendment application (ZA 02 115894) to amend By-laws 304-87, as amended, and 177-96, as amended, submitted by 16th & McCowan Holdings Limited, for lands located on the north side of Sixteenth Avenue, east of McCowan Road, be approved and the implementing Zoning By-laws attached as Appendix ‘B’, be enacted;

 

That the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);

 

That water supply allocation for 119 units be granted to 16th & McCowan Holdings Limited, subject to written confirmation from the Trustee of the Wismer Commons Developers’ Group that water supply has been made available from the total allocation granted to the Wismer Commons Community by the Town;

 

That the Town reserves the right to revoke or reallocate water supply allocation should the development not proceed in a timely manner;

 

That registration of 16th & McCowan Holdings Limited, 19TM-02011 Phase 1 in respect to interim sanitary capacity, sewage allocation and water supply be subject to conditions listed in this report;

 

That the Wismer Commons Development Phasing Plan be updated to reflect the revision to the phasing of development as outlined in this report, and further;

 

That the Region of York be advised of the sewage and water supply allocation for this development.

 

PURPOSE:

The purpose of this report is to recommend approval of the proposed draft plan of subdivision (19TM-02011) and implementing zoning by-laws.

 

BACKGROUND:

Property and Area Context

The subject lands have an area of 5.837 ha (14.423 acres) and are located on the north side of Sixteenth Avenue, east of McCowan Road, within Phase 3 of the Wismer Commons community (see Figure 1). Occupying a portion of the subject lands are three new home sales offices selling for developments on the adjacent lands to the north.

 

To the north, are vacant lands that are subject to proposed residential plan of subdivision, 19TM-02003 (Amber Plain Investments Limited) which currently has no water allocation. The lands to the east are vacant and are subject to a proposed residential plan of subdivision, 19TM-030008, Wykland Estates Inc. Phase 1 of 19TM-030008 was approved by Council on March 9, 2004. To the southeast is The Bridge Markham Pentecostal Church (5440 Sixteenth Avenue). To the south, across Sixteenth Avenue, are existing homes that front onto Bendamere Crescent and back onto Sixteenth Avenue. To the west are vacant lands occupied by a detached dwelling which are also owned by 16th & McCowan Holdings Limited and subject to a proposed residential plan of subdivision, 19TM-98006.

 

Proposal

The proposed plan of subdivision is phase 1 of a larger residential subdivision (see Figure 4) comprising a total of 194 units. Phase 1, for which water allocation is available, comprises approximately 119 single detached and semi-detached units. The associated zoning amendment application proposes to rezone the phase 1 lands from Rural Residential Four (RR4) to the appropriate zones to permit the requested residential uses.


The proposed phase 1 plan of subdivision is comprised of the following:

 

 

No. of Units

Hectares

Acres

Gross Site Area

  Road widening

  Roads

 

Net Site Area

 

5.837

0.321

1.870

 

3.646

14.423

0.793

4.621

 

9.009

Single Family Units

  13.3 metre (43.6 feet) frontage

  10.7 metre (35 feet) frontage

 

Semi-detached Units

   18.3 metre (60 feet) frontage

 

Total Units

81

 46

35

 

38

38

 

119

 

 

 

 

Net Density (units per hectare/acre            in relation to net site area)

 

 

32.6

 

13.2

 

Official Plan and Zoning By-law

The Official Plan designates the lands Urban Residential. The Wismer Commons Secondary Plan designates the lands Low Density Residential. The proposed density of 32.6 units per hectare (13.2 units per acre) is within the density range of 17.0 to 37.0 units per hectare (6.9 to 14.9 units per acre) permitted by the Low Density designation.

 

The lands are currently zoned Rural Residential Four (RR4) by By-law 304-87 (see Figure 2). The requested subdivision and zoning approvals are intended to implement the provisions of the Secondary Plan.

 

OPTIONS/DISCUSSION:

 

The proposed development is consistent with the Wismer Commons Community Design Plan.

The proposed development of these lands represents orderly development of the Wismer community northward from 16th Avenue and is consistent with the Wismer Commons Community Design Plan.

 

Concerns and issues identified in the preliminary staff report have been addressed.

The applicant has resolved the concerns/issues identified in the preliminary staff report on this proposal considered by Development Services Committee on November 5, 2002, to the satisfaction of staff, as follows:

 

1.  Water Allocation

In October 2003 Council allocated, subject to conditions, a further 468 units of water allocation to the Wismer Commons Developers’ Group from the Town reserves. The proposed draft plan of subdivision has an assigned water allocation from the Trustee of the Developers’ Group of 119 units (Appendix C).

 

2.   Phasing of Proposed Subdivision

As shown on Figure 4, this proposed phase 1 plan coordinates with the first phase of adjoining draft plan 19TM-030008 to the east to ensure continuity of development and traffic circulation. There is only one area of the plan where lots face onto undeveloped lands which, given the current water allocation issues, may remain undeveloped for a number of years.

 

3.  Noise attenuation

The draft plan of subdivision has been revised to incorporate buffer blocks along 16th Avenue for noise attenuation purposes. These buffer blocks are within phase 2. Staff will require these buffer blocks to be a minimum of 3 metres in width.

 

4.  Temporary stormwater management pond

The original submission showed a temporary stormwater management pond. This temporary pond is no longer required as the residential draft plan of subdivision (19TM-030008), on the adjacent lands to the east, which proposes a stormwater management pond servicing the subject lands, is now approved. This proposed draft plan of subdivision has been revised to delete the temporary stormwater management pond.

 

5.  Sanitary Servicing

The subject lands will connect into the Robinson Creek trunk sanitary sewer on a temporary basis and will ultimately connect to the Region of York’s Sixteenth Avenue trunk sanitary sewer.

 

6.  Elimination of a parkette

      The Wismer Commons Secondary Plan shows a parkette at the southwest corner of Alexander Lawrie Avenue and Street 5. The Secondary Plan indicates that parkettes are over and above lands designated for Neighbourhood and Community Parks and will not necessarily be held in public ownership. Staff support the elimination of the parkette as the future residents of the area will be served by a Neighbourhood Park to the north along Alexander Lawrie Avenue. An amendment to the Secondary Plan is not required.

 

7.   Expansion of the existing place of worship site

Any impact the planned future expansion of the The Bridge Pentecostal Church may have on this residential area will be minimized through measures including landscaping, distance separations and alignment of driveway accesses.

 

A public meeting was held on December 3, 2002.

A statutory public meeting was held on December 3, 2002, to consider the draft plan (phases 1 & 2) and zoning applications.  No members of the public spoke at the public meeting. Council received the staff report and record of public meeting and referred the application back to staff for a report and recommendations.

 

 

Water allocation is conditional on the completion of certain roads.

On December 15, 1998, Council allocated a total of 2,632 units to the Wismer Commons Secondary Plan area. The established process is that the Trustee of the Developers’ Group is to confirm that water allocation has been provided to each draft plan prior to draft approval, and that has been confirmed for this plan (Appendix C).

 

In October 2003, Council allocated a further 468 units to the Wismer Commons Developers’ Group subject to completion of construction of Castlemore Avenue from McCowan Road to Highway 48 and the construction of Roy Rainey Avenue from Major Mackenzie Drive to 16th Avenue by December 2004. The Wismer Developers’ Group (which includes the applicant) has committed to complete construction of Castlemore Avenue from McCowan Road to Highway 48 and to construct Roy Rainey Avenue from Major Mackenzie to 16th Avenue (Appendix D). An amendment to the Wismer Development Phasing Plan and execution of an amendment to the Phasing Agreement to reflect this commitment are included in the recommended conditions of draft plan approval. The recommended conditions of draft plan approval also include a condition requiring an update to the Wismer Development Phasing Plan and Traffic Study prior to draft plan approval of the remaining development in Wismer Commons. Approval of this draft plan will facilitate the completion of Roy Rainey Avenue.

 

The plan has been revised to provide for a mid-block road connection to lands to the west.

The adjacent lands located to the west of the subject lands are also owned by 16th & McCowan Holdings Ltd., and are subject to a proposed residential draft plan of subdivision, 19TM-98006. On December 9, 2003, the Development Services Committee referred draft plan 19TM-98006 to the Markham Subcommittee for a review of issues raised at the public meeting, including integration with adjacent lands to the west. As a result of meetings with staff and the Markham Subcommittee the subject draft plan was revised to add Street 5 which provides an additional connection to the adjoining lands to the west, which are owned by 16th & McCowan Holdings Ltd., and ultimately to McCowan Road directly opposite Trail Ridge Lane.

 

Second road access may be required.

The development of the subject lands is dependent on the development of the adjacent lands to the east to provide the second access required by the Fire Department to ensure reliability of access for Fire Department vehicles under all conditions. A condition has been incorporated into the proposed conditions of draft plan approval (see Appendix A) which requires the Owner to provide a second access, to the satisfaction of the Fire Department, should the development of the adjacent lands not proceed prior to or at the same time as the subject lands.

 

The boundaries of the attached implementing zoning by-law may be adjusted to accommodate the phasing of the adjacent lands to the east.  The boundaries of the proposed zoning by-law (see Appendix B) may be refined prior to final adoption by Council in order to coordinate the phasing of the adjacent subdivision to the east ensuring continuity of development and traffic circulation.

 

Traffic calming and bicycle route plans will be required prior to final approval.

A condition has been incorporated into the proposed conditions of draft plan approval (see Appendix A, condition 10.4) requiring the submission and approval of a traffic calming plan and bicycle path plan that builds upon the proposals of the Town-wide Bicycle Route Study, 1998, prior to final approval.

 

FINANCIAL CONSIDERATIONS:

No financial implications at this time.

 

ENVIRONMENTAL CONSIDERATIONS:

The subdivision and rezoning applications have been circulated to the TRCA and their requirements are reflected in the draft plan conditions and the zoning by-law.

 

ENGAGE 21ST CONSIDERATIONS:

The proposed draft plan of subdivision promotes a key goal set out in "Engage 21st Century Markham" which includes:

Managed Growth

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The requirements of other Town Departments and external agencies have been incorporated into the draft plan and recommended conditions of draft approval.

 

CONCLUSION:

Staff support the draft plan approval of the subdivision submitted by 16th & McCowan Holdings Ltd., 19TM- 02011 and recommend that the plan, as outlined in Figure 4, be draft approved subject to the conditions of approval listed in Appendix A, and that the implementing zoning by-laws contained in Appendix B, be approved.

 

 

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

 

 

 

 

 

ATTACHMENTS:

Figure 1 – Applicant/Agent & Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Aerial Photo

Figure 4 – Proposed Plan of Subdivision

 

Appendix A – Recommended Conditions of Draft Plan Approval

Appendix B – Draft Zoning By-law Amendments

Appendix C – Letter from the Trustee of the Wismer Commons Developers’ Group Assigning Water Allocation

Appendix D - Letter from the Trustee of the Wismer Commons Developers’ Group Accepting Conditions for Water Allocation

 

APPLICANT/AGENT:

 

Sandra Wiles

KLM Planning Partners Inc.

64 Jardin Drive                                     Tel.:  (905) 669-4055

Concord, Ontario  L4K 3P3                             Fax:  (905) 669-0097                                                              

 

 

 

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