Report to: Development Services Committee Date of Meeting: June 6, 2006

SUBJECT: Application for Site Plan Control Approval

Ruland Properties Inc. (The Remington Group)

Phase I Townhomes

Markham Centre

SC 05 026690

PREPARED BY: Richard Kendall, Manager of Development, Central District, Extension 6588

RECOMMENDATION:

That the report dated June 6, 2006, entitled “Application for Site Plan Control Approval - Ruland Properties Inc. (The Remington Group), Phase I Townhomes, Markham Centre” be received;

That the application for site plan control approval by Ruland Properties for 175, 3 and 4-storey townhomes be endorsed in principle, subject to the conditions attached as Appendix A;

That site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a Site Plan Agreement. Site Plan approval is issued only when the Director has signed the site plan.

That the Owner execute the Markham Centre Landowners Group Agreement and pay their proportionate share of the costs of community infrastructure and facilities prior to final site plan approval to the satisfaction of the Town Solicitor and Commissioner of Development Services;

That the Owner execute a Subdivision Agreement prior to final site plan approval to the satisfaction of the Town Solicitor and Commissioner of Development Services;

That Council authorize the enactment of a by-law to remove the Hold (H) provision on the subject lands upon execution of the Subdivision and Site Plan Agreements to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

That Council authorize the enactment of a by-law to remove the Hold (H) provisions on the model suites portion of the site and heritage building lands and that the H removal by-law be enacted in advance of a site plan and a subdivision agreement being executed, subject to the Owner providing an undertaking to the Town and Trustee of the Markham Centre Developers Group committing to execute a Subdivision Agreement, Site Plan Agreement and Developer’s Group Agreement, and pay their proportionate share of the costs of community infrastructure and facilities in the Markham Centre area on a pro rata basis relating to the eight (8) model suites and heritage building, prior to lifting the H, to the satisfaction of the Commissioner of Development Services and the Town Solicitor; and

That the Town’s Greenlands consultant be retained to review the stormpond designs with particular emphasis being placed on potential trail connections in the vicinity of and around the ponds; location of stormwater outlets and landscape elements; and, that the applicant’s stormpond designs incorporate the greenlands components for this phase of the development.

EXECUTIVE SUMMARY:

Council granted draft plan approval to the Remington Group’s comprehensive, mixed-used ‘Downtown Markham’ project in July, 2003. This project serves to implement many of the Town’s objectives for Markham Centre, including protecting for the introduction of rapid transit and providing for a variety of development parcels to accommodate a wide range of uses. The plan anticipates an approximate 20 year plus build-out for the various phases and in July, 2004, the Markham Centre Zoning By-law (2004-196) was enacted to implement the plan.

Since the granting of draft plan approval and enactment of the By-law, the applicant has been working towards addressing certain technical issues associated with the conditions of draft plan approval, prior to executing a subdivision agreement. Addressing these technical issues will likely result in certain amendments to the conditions of draft plan approval, which will be the subject of a future staff report. In the meantime, the applicants are proceeding with obtaining phase one site plan approvals to be in a position to finalize building permits, once the subdivision agreement has been executed.

This report recommends the endorsement of the site plan application for the first phase townhomes consisting of 3 and 4-storey buildings (175 units) within the Downtown Markham plan, subject to various conditions, including the finalization of requisite subdivision and site plan agreements and execution of a developer’s group agreement. A servicing allocation of 800 units has previously been granted to the Remington Group at the time of draft plan approval in 2003.

FINANCIAL CONSIDERATIONS:

Not applicable

Project Description

The applicants are proposing to construct 175 townhomes as part of the first residential phase of the Downtown Markham project. Overall, the first phase consists of the townhomes and 12 condominium apartment buildings containing approximately 1,200 units, in the block between West Valley Drive, the Civic Mall, the extension of Birchmount Road and on either side of the future Verclaire Gate extension.

The freehold townhomes would be accessed via West Valley Drive (Figure 4) and would take their frontage on a new internal road network. The individual 2-car garages would be accessed by public lanes at the rear of the units. The buildings will be 3 and 4-storeys in height and feature private outdoor amenity space above the lane-based garages.

Building materials consist of a combination of stucco with prefabricated columns and precast concrete accents. Additional detailing on the buildings includes a combination of window styles, decorative metal railings and concrete accent bands across the base of the units (Figure 5). Several different townhome block configurations and colour schemes are proposed within the 28 blocks which comprise this part of the project. Landscaping opportunities are limited within this plan, consisting primarily of boulevard treatment and end-block planting beds.

A 0.3 ha (0.74 acre) local public park will form the centre piece of this community with townhome blocks and a public road organized around the perimeter of the park. The design of this park will be subject to further discussion with Council and the applicant.

Heritage Building within Phase 1 Park Block

The designated Alexander Bradburn heritage house, circa 1855, is located within the plan and the applicants have identified a 0.2 ha (0.5 acre) parcel of land adjacent to the local park for this house to be relocated to. The heritage house, which has been zoned to accommodate a variety of office and ancillary uses, is also intended to accommodate District Energy infrastructure within the basement. The house, which will be privately owned and located on a separate block within the plan of subdivision, is oriented towards both the internal road and park and will form a cornerstone feature of the park (Figure 7). Landscaping elements between the park and heritage home are intended to provide a seamless, cohesive transition and interface.

As part of the restoration of the house, the applicants are proposing an ancillary building, designed to look like an agricultural out building, to accommodate telecom utility infrastructure functions within the plan area. The relocation of this house is the subject of a separate delegated site plan approval, which was considered and endorsed by Heritage Markham at their meeting of May 10, 2006.

District Energy will serve the Townhomes

A significant feature of this project is that the townhomes represent the first example in Canada of mid-density residential units connecting to a district energy system. While there are numerous examples of district heating systems in Europe serving townhomes and even detached residential dwellings, this appears to be the first example in the world where townhomes are connecting to both district heat and cooling.

As the project is unique and leading edge, the Federation of Canadian Municipalities (FCM) Green Funds provided a $1 million dollar grant to support the project. In addition, Powerstream is contributing approximately $200k from their Conservation budget towards this installation and most recently, the Town has granted funds from the Federal Gas Tax Revenue that have been directed to Markham District Energy and applied towards this project.

Zoning and Official Plan

The lands are designated Community Amenity Area within the Markham Centre Secondary Plan (OPA 21). This designation recognizes a range of medium and high density residential uses, including the future apartment buildings. The lands are zoned Markham Centre Downtown Three MC-D3 Zone in the Markham Centre Zoning By-law, which serves to implement the policies in the secondary plan and permits the townhomes. Notwithstanding, minor variances may be required to address certain setback issues with respect to the internal road network.

In addition, these lands are subject to a series of Hold (H) provisions relating to requirements which must be addressed including the completion of various studies, agreements and other financial obligations, prior to development occurring.

Block Build-out Plan has been Submitted

The applicants have provided a comprehensive plan demonstrating the complete build-out of the townhome and apartment blocks within this first residential phase. This plan (Figure 6) is consistent with the approved precinct plan and demonstrates the applicant’s ability to achieve the densities being requested and address various access, servicing and open space requirements.

Site Plan Process is Proceeding Concurrently with other Technical Approvals

The applicant is working with the Toronto and Region Conservation Authority (TRCA) to finalize technical approvals associated with the draft plan approval. Resolution of these technical issues will likely result in amendments to the conditions of draft plan approval. However it is noted that the Toronto and Region Conservation Authority, has advised that they have no objection in principle to the application subject to finalization of the Master Environmental Servicing Plan and associated stormwater management and stormwater infiltration issues; and, final site plan approval not being provided until the subdivision agreement has been executed. While the draft plan revisions will be the subject of a future staff report to Council, they should not affect the proposed layout or configuration of the townhome blocks. The applicants are seeking phase one site plan approvals to be in a position to finalize building permits, once the subdivision agreement has been executed. The conditions of site plan endorsement require the owner to execute a Subdivision Agreement prior to final site plan approval being granted.

Model Suites/Heritage Building to Proceed in Advance of Subdivision Agreement Notwithstanding that technical approvals are being finalized, the Remington Group is seeking permission to relocate and finalize restoration work on the heritage building and associated structures, as well as construct a block of 8 model suites fronting onto West Valley Drive (Figure 4). In order to allow construction to occur, staff suggest that the heritage building site and the model suite units be released in advance of the subdivision agreement being executed. This would allow work to continue on the servicing of the phase 1 lands as the heritage building is intended to accommodate infrastructure associated with the District Energy network and other utilities. The release of the model suites would also tie-in with Remington’s marketing and sales initiatives, which are scheduled to formally commence in June.

This would also require Council to authorize the lifting of the Hold (H) for these parcels in advance of the respective agreements being in place and a Developer’s Group agreement being executed. The conditions of site plan endorsement reflect this suggestion and require the applicant to execute an undertaking prior to lifting the H, committing to execute a Subdivision Agreement and Site Plan Agreement, and meet their associated Landowner Group obligations to the satisfaction of the Commissioner of Development, and Town Solicitor. Staff recommend that Council authorize the lifting of the (H) for the balance of these lands upon the subdivision and site plan agreements being executed.

Departmental / Agency Comments

York Region in their comments on this application have re-iterated many of their requirements originally identified in the conditions of draft plan approval, which will be addressed in the forthcoming subdivision agreement. The conditions of site plan approval require the applicant to address the Region’s specific requirements for the townhomes within the context of a site plan agreement.

The Engineering Department requires site servicing, grading and stormwater management reports prior to final approval. An Internal Functional Design Study has been prepared and is under review. Any requirements resulting from this review will need to be addressed, including possible right-of-way configurations. Phase 1 noise and vibration studies are also required in accordance with the Draft plan conditions and will be reflected in the subdivision agreement.

The Fire Department has identified their requirements for this project which have been addressed in the conditions of approval.

The Markham Centre Landowners Group Agreement has not been Executed

As noted above, in order to allow the eight (8) model suites and heritage house to proceed in advance of the Developer’s Group Agreement being in place, the conditions of site plan control approval require the owner to provide an undertaking to the Town committing to execute a Developer’s Group Agreement and pay their proportionate share of the costs of community infrastructure and facilities relating to the model suites and heritage building, to the satisfaction of the Town Solicitor and Commissioner of Development Services.

Servicing Allocation is Available

In concert with the processing of the applications for zoning amendments and draft plan approval, the Town previously granted a servicing allocation of 800 units to the Remington Group. This allocation was predicated on the applicants up-fronting the cost of constructing Enterprise Boulevard and entering into a Developer’s Group Agreement. Consequently, allocation is available to this phase of the project. The conditions of site plan approval require the applicant to enter into the group agreement to ensure they provide their share of the costs associated with community infrastructure and facilities.

Proposal has been Reviewed by the Markham Centre Advisory

This proposal was before the Advisory Group at their meeting of April 20, 2006. The Built Form, Transportation and Green Infrastructure components were rated Gold by the Advisory and Open Space was rated Silver. The Greenlands criteria are not applicable to this phase of development. While indicating that overall, the project was “on-target”, the Advisory commented that options should be explored to better support transit use and reduce parking standards in the long term. Additional information was requested regarding the green infrastructure initiatives.

Stormponds and Greenlands Plan Implementation

As part of this first phase of development, the applicant will be required to construct stormponds on the west side of West Valley Drive, north of Enterprise Boulevard. The siting and design of these ponds is the subject of on-going discussions between the applicant, Town and TRCA staff. The ponds would be located within the valleyland and form an important component of the valley interface with the public realm. This design process needs to address the components of the Greenlands Plan which are directly associated with the lands identified for the ponds.

It is recommended that the stormpond designs be reviewed by the Town’s Greenlands Plan consultant with particular emphasis being placed on potential trail connections in the vicinity of and around the ponds; location of stormwater outlets; and, landscape elements. Implementation of the Greenlands Plan within this phase of the development can be achieved in concert with required works by the applicant to introduce the stormponds.

Increased Levels of Service are Required to Deliver Markham Centre

In order to achieve the Town’s vision for a truly dense, urban downtown environment, there are various operational requirements and challenges which will require an increased level of service and costs beyond current practices employed elsewhere in the Town. The concentrated built form within the townhouse precinct creates very few opportunities for snow storage. Similarly, the boulevard areas in front of the townhome blocks create additional maintenance challenges. The townhomes will cover virtually the entire lot, leaving little or no private outdoor amenity space. Consequently, boulevard maintenance which would normally be undertaken by the homeowner in concert with work on their open spaces is not likely to occur.

In reviewing these issues with Operations staff it was determined that the Town would be required to remove snow from various precincts within the downtown including all rear lanes within the townhome blocks. In addition, the Town will require additional lands to construct a snow storage site that meets Environment Canada’s guidelines for snow storage and disposal. All snow storage sites must be designed to have the least harmful effects on the environment (including melt water quality, litter, dust, aesthetics and noise) and are subject to approval by the Ministry of Environment. In order to ensure timely and consistent maintenance of the boulevards within the townhome precinct, this function should also be assumed by the Town.

The townhomes have been designed with significant hard surface areas within the boulevards and Design staff have requested the applicant to consider introducing additional hard surface material in concert with a variety of hardy plants within the boulevards to minimize on-going maintenance. Operations staff have indicated concerns with proposed plant materials on the boulevards within the townhome blocks, which could increase the effort and cost to maintain the boulevards should homeowners (or tenants) refuse to do so. Planning staff will continue to review options for the boulevard treatment with Operations staff and the applicant.

Q:\Development\Planning\Teams\Markham Centre\Coordinator\Remington\Phase 1 Townhomes Site Plan\Townhouse Site Plan Report.doc

APPENDIX A – CONDITIONS OF SITE PLAN APPROVAL

1. That prior to final site plan approval the Owner revise the site plan to comply with the applicable zoning, or shall obtain variances for relief from the setback, parking and other requirements of the by-law to accommodate the building programme, as described in this report;

2. That prior to final site plan approval the Owner provide easements respecting public access connections through the subject lands to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

3. That prior to final site plan approval the Owner prepare an overall utility plan (Composite Utility Plan) to the satisfaction of the Town for the Phase 1 lands. The plan shall comply with the approved streetscape design criteria for Markham Centre, and minimize the exposure of above grade service structure/equipment to the satisfaction of the Commissioner of Development Services. The approved utility plan be included in the material displayed in the sales centre;

4. That prior to final site plan approval, the Owner enter into an agreement with the Town which shall be registered on title, committing not to enter into any agreements of purchase and sale with anyone, including individuals, other developers or builders, for any units within the plan area unless servicing allocation has been assigned by the Town in consultation with the Markham Centre Landowners Group. The Owner further agrees to save harmless the Town and Region from any claim or action as a result of servicing capacity not being available when anticipated;

5. That prior to final site plan approval the Owner shall submit final drawings including, but not limited to, site plans and elevation drawings, grading, servicing and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

6. That prior to final site plan approval the Owner shall submit a Landscape Plan, including a detailed lighting submission and Greenlands interface, prepared by a Landscape Architect, having O.A.L.A. membership for approval by the Commissioner of Development Services, prior to the execution of the site plan agreement;

7. That the Owner enter into a Site Plan Agreement with the Town, containing all standard and special provisions and requirements of the Town and other public agencies, including the TRCA, MTO and York Region, and including the specific requirements identified in the staff report, prior to final site plan approval;

8. That prior to final site plan approval the Owner satisfy cash-in-lieu of parkland obligations for the townhomes (including model suites) and heritage building, in accordance with the Parkland Principles for Markham Centre and pursuant to the Markham Centre Secondary Plan and the Markham Centre Developers Group Agreement, to the satisfaction of the Commissioner of Development Services.

9. That the Owner pay its proportionate share of development charges in accordance with Area Specific Development Charge By-laws;

10. That arrangements for waste collection be to the satisfaction of the Town of Markham Waste Management Department;

11. That provision for Fire Routes, yard hydrants and other emergency access requirements be to the satisfaction of the Fire Department;

12. That provision for snow storage, sidewalk alignment and maintenance be to the satisfaction of the General Manager of Operations and Director of Engineering;

13. That the Owner provide and implement a detailed stormwater management plan, including quality control measures/devices, as well as submit noise and vibration studies to the satisfaction of the Director of Engineering;

14. That the Owner comply with all requirements of the Town and authorized public agencies, including PowerStream, to the satisfaction of the Commissioner of Development Services;

15. That the Owner provide and implement a comprehensive Green Infrastructure plan, which provides for connection to the District Energy network, to the satisfaction of the Commissioner of Development Services;

16. That the Owner participate in the enhanced hoarding programme, and that staff be authorized to enter into a Hoarding Agreement with the Owner;

17. That this endorsement shall lapse and site plan approval will not be issued after a period of three years commencing June 6, 2006, in the event that the site plan agreement is not executed within that period.

The applications have been circulated to applicable departments and agencies for comment, and their requirements have been included as conditions of approval.