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:

 North District Team

Deborah Wylie, Senior Planner

 

 

 

 

DATE OF MEETING:

2003-Feb-04

 

 

 

 

SUBJECT:

Wynberry Developments Inc., Phase 1

9462 Highway 48

Wismer Commons Community

Applications for Revision to Draft Plan Approval and Implementing Rezoning for Draft Plan of

Subdivision (Phase 1) 19T-01020

File No's: SU 01 119048 & ZA 01 119040 

 

 

 


 

 

RECOMMENDATION:

That Phase 1 of draft plan of subdivision 19T-01020, prepared and revised by KLM Planning Partners Inc., identified as Project Number P-386, Dwg. No. – 02:4, be approved subject to the revised conditions of draft plan approval set out in Appendix ‘A’ to the staff report dated February 4, 2003;

 

That the applications submitted by Wynberry Developments Inc. to amend Zoning By-laws 177-96 and 304-87 be approved and the implementing by-laws, set out in Appendix ‘B’ to the staff report dated February 4, 2003, be enacted, without further notice;

 

That water supply allocation for 14 units be granted to Wynberry Developments Inc. 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 allocation to the Draft Plan of Subdivision should the development not proceed in a timely manner;

 

That the applicant submit the required 30% subdivision processing fee for the Phase 1 portion of the subdivision;

 

That registration of Phase 1 in respect to interim sanitary capacity and sewage allocation and water supply be subject to conditions listed in this report; and;

 

That the Wismer Commons Development Phasing Plan be updated to reflect the revision to the phasing of development as outlined in this report and the existing phasing agreement be amended to include this update.

 

PURPOSE:

The report provides recommendations regarding proposed revision to draft approved plan 19T-02010 and conditions of draft plan approval, for Wynberry Developments Inc., Phase 1, to include an additional 14 residential units and implementing zoning for the additional lands.  The report presents an overview and evaluation of the proposed addition of 14 residential units to the approved draft plan of 85 residential units, reviews key issues associated with the proposed revision and recommends approval for the revision to the draft plan, conditions of draft approval and implementing zoning by-law.

 

BACKGROUND:

Site location and characteristics

The lands to be added to the previously draft approved plan are approximately 1.04 hectares in area and are located on the west side of Highway 48 between 16th Avenue and Bur Oak Avenue, within the Wismer Commons Secondary Plan area (see Figure 1).  The lands are currently zoned Rural Residential Four (RR4) by By-law 304-87 (see Figure 2) and designated Low Density Residential in the Wismer Commons Secondary Plan.

 

The lands were previously used for agriculture purposes and are now vacant.  To the north the lands are vacant and are part of draft approved plan of subdivision 19T-02010, Wynberry Developments Inc. (draft approved by the Town on June 27, 2002 (see Figure 4)).  To the east and south are vacant lands also owned by the applicant.  The lands to the east are to be conveyed to the Town, prior to the registration of plan of subdivision 19T-02010, through a development agreement between the Town and the Trustee of the Wismer Commons Developers’ Group, for purposes of a stormwater management pond.  The lands to the south are also part of draft plan of subdivision 19T-02010.  These lands represent Phase 2 of the Wynberry Developments Inc. draft plan of subdivision, which has not received water allocation from the Wismer Commons Developers’ Group and is not yet draft approved.  It should be noted that the subject lands were also previously part of Phase 2.

 

To the west are vacant lands that are part of draft plan of subdivision 19T-95040, Brawley Manor Corporation, draft approved by the Town on February 23, 1999 (see Figure 4).  The lands owned by Brawley Manor Corporation are designated for Low Density Residential. 

 

The site and its surrounding context are illustrated in Figure 3.

 

Previous application

Draft plan of subdivision, 19T-02010, Wynberry Developments Inc., Phase 1, proposing 85 single detached residential units including 6 part lots and 2 commercial blocks was draft approved on June 27, 2002.  Since approval of the draft plan the Trustee of  the Wismer Commons Developers’ Group has granted from the Town’s overall allocation to the Wismer Commons Community, an additional 14 units to 19T-02010 (see Appendix C).

 

The Wynberry Developments Inc. application has been revised to include an additional 14 residential units

The initial subdivision application has been revised to include an additional 14 single detached residential lots and the right-of-way for Monkhouse Road in the plan approval.  The lands added to the approved portion of the plan are located on the north side of Monkhouse Road which includes lotting for 15 single detached units.  A small revision has been made to the north boundary on the west side of Everett Street of the original draft plan to delete one single detached lot.

 

Phase 1 includes the full road right-of-ways of the plan of subdivision but does not include the lots that are proposed to back onto the Heritage Estates which is located to the south of the Wynberry lands.  The remaining lots form Phase 2 of the Wynberry Developments Inc. draft plan of subdivision and cannot proceed to approval due to water allocation restrictions.

 

OPTIONS/DISCUSSION:

Proposal is for the revision of the draft approved portion of the plan of subdivision and associated rezoning to permit an additional 14 residential units

Proposed is a revision to the conditions of approval for draft plan of subdivision 19T-02010 (see Figure 4) to add an additional 14 residential units.  The associated rezoning for the additional 14 units proposes to rezone the lands from a Rural Residential Four (RR4) zone to Residential Two Exception 99 (R2*99) Zone.

 

The proposed revision will result in a total of 98.5 residential units (95 residential lots and 7 part lots) and 2 commercial blocks (see Figure 4).  Below is a summary of the proposed residential mix, minimum lot frontages and net density of the revised plan.

 

 

No. of Units

Hectares

Acres

Gross Site Area

  Roads

  Road Widening & 0.3 metre reserve

  Major Commercial Blocks

 

Net Site Area

 

7.932

2.246

0.078

2.500

 

3.108

19.600

5.549

0.193

6.177

 

7.680

Total Single Family Units

  13.7 metre frontage

  10.7 metre frontage

991

25

74

 

 

 

 

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

 

 

31.9

 

12.9

1 95 lots plus 7 part lots (3.5 units) for a total of 98.5 units

 

A public meeting was held on May 7, 2002

A statutory public meeting was held on May 7, 2002, to consider the entire proposed draft plan of subdivision (Phases 1 and 2) and zoning by-law amendment.  No members of the public spoke at the public meeting.

 

Secondary plan conformity

The lands subject to the revision are designated Low Density Residential in the Wismer Commons Secondary Plan.  The Low Density Residential designation provides for single detached units as proposed by the applicant.  The 31.9 units per hectare net site density proposed is within the range permitted by the Low Density Residential designation (17.0 to 37.0 units per hectare).

 

Zoning by-law amendments required

The subject lands are currently zoned Rural Residential Four (RR4) under the Town’s Rural Area By-law 304-87, as amended (see Figure 2).  The applicant proposes to amend this zoning to permit the proposed additional 14 unit development.  This will entail deleting the subject lands from the effective area of By-law 304-87, as amended, and applying the Residential Two (R2), zone category in the Urban Expansion Area By-law 177-96. 

 

Development Phasing Plan updated and amendment to phasing agreement required

A development phasing plan for the Wismer Commons Community Planning District dated July 1998, was approved by Council on December 15, 1998.  The phasing plan was subsequently updated February 2001, subject to conditions.  It establishes the timing of development to ensure that growth is managed in a proper and orderly manner. 

 

As a condition of the phasing plan, the Trustee of the Wismer Developers’ Group entered into a phasing agreement with the Town on March 7, 2001.  This agreement is for phase 1 and 2 of the Wismer phasing plan only. As this proposed development is within phase 3 and 4 of the Wismer phasing plan, an update to the phasing plan and amendment to the agreement is required.  This update will identify the timing of infrastructure, such as improvements on Highway 48, to be completed prior to any development proceeding in phase 3 and 4 of the Wismer phasing plan including the draft approved Wynberry Developments Inc. plan of subdivision 19T-01020 and this proposed revision to the draft approved plan of subdivision. 

 

As part of this update, the participating owners will be required to update the Wismer Commons Phasing Plan-Traffic Study and to review the recommendations of the Markham East Transportation Study Update to confirm that the assumptions and recommendations made remain accurate, and to provide additional recommendations for future road works and public transit infrastructure, if required. 

 

This report update will also address the implementation of the Region of York’s 10 year Capital Works Program and will review the implementation of a Town/Region transit program to meet the proposed modal split targets.  The phasing plan update and amendment to the phasing agreement will be required prior to final approval of the draft plan of subdivision.

 


Natural resources

The lands that are subject to the additional 14 units contain no significant vegetation.  

 

Drainage Courses/Storm Water Management

The subject lands were addressed within the Municipal Servicing Report for the Wismer Commons Community dated July 1998 and approved by the Town and the TRCA.  These lands are proposed to drain to a SWM facility to protect for quality and quantity control entering into the Robinson Creek.  The TRCA have provided conditions that have been incorporated into the proposed conditions of draft plan approval (see Appendix A).  There are no water courses located on these lands.

 

Water and Sanitary Allocation

On December 15, 1998, Council endorsed a policy and guidelines for allocation of water for future residential developments.  This allocation policy was necessary due to limited available water supply in the urban expansion area.  As per the water allocation policy, the Owner of each draft plan within this Secondary Plan area is required to provide written confirmation from the Trustee of the Developers’ Group that water allocation has been provided to the draft plan prior to draft approval.  In June 2002 the Developers’ Group assigned an 85 unit water allocation from the overall assignment to the Wismer Commons Community to the draft plan of subdivision 19T-02010. The trustee for the Developers’ Group has informed staff there will be an assignment of water allocation for an additional 14 units from the Town’s overall assignment to the Wismer Commons Community (see Appendix C).

 

The Owner acknowledges that the Town has the right to revoke and reallocate such water allocation should construction not proceed in a timely manner.

 

Currently, Wismer Commons development is restricted for sanitary capacity due to a temporary connection to the downstream sewers.  In June 2002 Council authorized the construction, if necessary, by the Wismer Commons Developers’ Group of a temporary sanitary storage facility to allow additional development prior to the completion (in November 2003) of the Region of York’s Sixteenth Avenue trunk sanitary sewer.

 

CONCLUSION:

Staff support the revision to draft plan approval of the subdivision submitted by Wynberry Developments Inc. and recommend that Phase 1 of the revised draft plan of subdivision, as outlined in Figure 4, be draft approved subject to the revised conditions of draft plan approval listed in Appendix A and that the implementing zoning by-laws contained in appendix B be approved.

 

FINANCIAL CONSIDERATIONS:

None at this time.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The proposed draft plan of subdivision and implementing zoning amendment applications have undergone a full inter-departmental circulation.  Department comments have been incorporated into the report, the proposed conditions of draft plan approval and the proposed zoning by-laws.

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo

Figure 4 – Proposed Plan of Subdivision

 

Appendix A - Proposed Conditions of Draft Plan Approval

Appendix B - Proposed Zoning By-law Amendments

Appendix C - Correspondence

 

Applicant/Agent            Mr. James Kennedy                             Tel.:  (905) 669-4055

                                    KLM Planning Partnership                    FAX: (905) 669-0097

                                    64 Jardin Drive

                                    Concord, ON     L4K 3P3

 

 

 

 

 

 

 

 

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

 

 

 

 

 

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