Report to: Development Services Committee Date of Meeting: May 16, 2006

SUBJECT: RECOMMENDATION REPORT

E. Manson Investments et. al.

Zoning by-law amendment and site plan applications for two 6 storey residential buildings

540 Bur Oak Avenue

ZA.05-021949 & SC.05-021950

PREPARED BY: Stephen Kitagawa extension 4530

RECOMMENDATION:

That the Zoning By-law Amendment application (ZA.05-021949) to amend By-law 177-96, as amended, submitted by E. Manson Investments et. al. to permit two, 6 storey apartment buildings on the north side of Bur Oak Avenue, west of McCowan Road, municipally known as 540 Bur Oak Avenue, be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’, be finalized and enacted;

That the site plan application (SC.05-021950) submitted by E. Manson Investments et. al. to permit a Phase 1, 6 storey apartment building (73 units) on the north side of Bur Oak Avenue, west of McCowan Road, municipally known as 540 Bur Oak Avenue, be endorsed in principle, subject to the conditions attached in Appendix ‘B’, including servicing allocation for 73 units.

EXECUTIVE SUMMARY:

The subject property is approximately 0.65 hectares (1.62 acres) in area and is located on the north side of Bur Oak Avenue, west of McCowan Road, or more specifically at the northeast corner of Hillwood Street and Bur Oak Avenue.

The proposal consists of two 6 storey condominium apartment buildings. The 73 unit, first phase (Building A) situated at the south end of the property has a gross floor area of 6,984 m² (75,178 ft²). The 113 unit, second phase (Building B) is situated north of Building A and has a gross floor area of 10, 700 m² (115,178 ft²). The applicant will have to phase the development of the two buildings since there is only sufficient servicing capacity allocated to construct the first phase (Building A – 73 units). Both buildings will be zoned, however, site plan approval will be granted to Phase 1 (Building A - 73 units) only.

A total of 280 underground parking spaces on two levels are proposed. 178 parking spaces will be constructed for the first phase (Building A) with the remaining spaces to be constructed at full build out.

The subject lands are designated Community Amenity – Arterial in the Official Plan which provides for Medium and High Density Residential uses. The lands are zoned Community Amenity One which permits the proposed apartment. However, the By-law specifies a maximum Floor Space Index (FSI) (the gross floor area of all buildings on a lot divided by the lot area) of 1.0, whereas the proposal has a FSI of 1.43. A preliminary review of the proposal by Zoning staff indicates that the proposal complies with all other development standards. The draft zoning by-law, attached as Appendix ‘A’, establishes a maximum of 73 units under the Community Amenity One (Hold) zone, which conforms to the proposed first phase of development and servicing allocation. Once servicing capacity becomes available for the second phase, removal of the Hold provision will enable the applicant to proceed with the development of Phase 2 (113 units).

On February 21, 2006, a public meeting was held to obtain public input on the subject applications. At this meeting, compatibility with the adjacent uses, traffic congestion and whether sufficient parking will be provided were raised by abutting residents. All issues were addressed at the Public Meeting.

The proposed apartment buildings are in keeping with the intensification goals and objectives of the Town, the Region and the Province. In addition to providing alternate forms of housing and improving the mix of the housing available within the community, the proposed development is transit supportive and in keeping with the goals of the Berczy Village Secondary Plan.

FINANCIAL CONSIDERATIONS:

Not applicable.

The subject property was previously part of a larger 1.26 hectare (3.1 acre) block (Block 12, Plan 65M-3632) owned by the E. Manson Investments et. al. The property was severed and Imperial Oil obtained a zoning by-law amendment and site plan approval to permit the construction of a service station, on the easterly 0.6 hectare (1.4 acre) portion of the property.

Adjoining the property is:

· Markham Trails’ residential subdivision comprising singles, semis and townhouses to the north;

· A new residential subdivision comprising semi-detached and townhouse units to the west, across Hillwood Street;

· An Imperial Oil service station and a single detached dwelling currently used by a chiropractor to the east; and,

· Immediately south across Bur Oak Avenue is a multi-tenant commercial plaza.

Official Plan and Zoning

The subject lands are designated Community Amenity – Arterial in the Official Plan. This provides for Medium and High Density Residential uses, subject to the review of a specific development proposal, ensuring that the planned function of the lands is maintained and that the location is appropriate.

The lands are zoned Community Amenity One (CA1*152) by By-law 177-96, as amended which permits a variety of residential and retail uses. Apartment buildings are a permitted use, however, the By-law includes a maximum Floor Space Index (FSI) (the gross floor area of all buildings on a lot divided by the lot area) of 1.0, whereas the proposal has a FSI of 1.43. A preliminary review of the proposal by Zoning staff indicates that the proposal complies with all other development standards. A zoning by-law amendment is required to increase the Floor Space Index.

Proposal is for two 6 storey condominium apartment buildings

The proposal consists of two 6 storey condominium apartment buildings at the northeast corner of Hillwood Street and Bur Oak Avenue (Figure 4). The 73 unit, first phase (Building A) situated at the south end of the property has a gross floor area of 6,984 m² (75,178 ft²). The 113 unit, second phase (Building B) is situated north of Building A and has a gross floor area of is 10, 700 m² (115,178 ft²).

Full vehicular access to Hillwood Street is proposed at the north limit of the subject lands. The site will also have a second emergency access to Hillwood Street, blocked by knock down bollards and a right-in/right-out access to Bur Oak Avenue.

A total of 280 underground parking spaces, including 233 resident spaces (7 spaces for the physically disabled) and 47 visitor spaces, on two levels are proposed. 178 parking spaces (5 spaces for the physically disabled) and 18 visitor parking spaces will be built for the first phase (Building A) with the remaining spaces to be constructed at full build out.

To improve the relationship of the apartment buildings with the adjacent semi-detached and townhouse dwellings to the west, across Hillwood Street, the applicant proposes to step the buildings along the west side from 4 to 6 storeys.

A public meeting was held on February 21, 2006

On February 21, 2006, a public meeting was held to obtain public input on the subject applications. The following are the key issues raised at the public meeting, which have been addressed through the approval process.

Compatibility with the adjacent uses

· The proposal is adjacent to a gas station to the east and semi-detached and townhouse dwellings to the west. There are interface and compatibility implications with both of the adjoining uses. The interface to the gas station may be mitigated in part by a 3 metre landscape strip incorporated into the gas station approved site plan. A landscape strip (and fencing) is required on the apartment site.

In an effort to reduce the impact and to demonstrate how the development can be integrated with the adjacent dwellings, the apartment buildings are stepped from 4 to 6 storeys. Staff are satisfied with the massing, stepping and positioning of the building, subject to extensive landscaping along Hillwood Street.

The applicant has submitted a shadowing study to assess potential impact of the apartments on the adjacent residences. The study evaluates the impacts throughout the year at various times of day. The study indicates minimal shadowing impact on the adjacent residences.

Congestion and traffic

· A concern was raised with respect to traffic and congestion that may be generated by the proposed apartment buildings. Staff have reviewed the Traffic Impact Study submitted by the applicant and are satisfied with the findings of the study. The study concludes that at full build out of the site the intersection of Bur Oak Avenue and Hillwood Street and the proposed driveways will function at a good level of service.

Sufficient parking be provided

· The Town’s parking by-law requires apartments to provide parking at a rate of 1.25 spaces per dwelling unit, plus 0.25 spaces per unit for visitor parking. The by-law requires a total of 280 spaces, and the proposal provides 280 spaces.

Proposed development requires additional servicing allocation for full build out

As set out in the February 15, 2005, servicing allocation report, Council recommended that 77 units be allocated to E. Manson Investments et. al. The servicing allocation for the 77 units was confirmed by Council on November 29, 2005. The applicant was assigned this allocation at draft plan approval in June 2002, for the Community Amenity block (the subject property) within the plan of subdivision. Should the application be approved, the development of the two buildings will have to be phased. There is only sufficient allocation to construct the first phase which comprises 73 units. The remaining 4 units of allocation will be transferred back to the Trustee or to the Town.

Staff are satisfied with the site layout

Staff are satisfied with the building positioning and internal pedestrian and vehicular circulation. It appears that there is a non standard right of way condition adjacent to Hillwood Street. Staff are concerned that there is not sufficient space to allow for the planting of street trees. A minor adjustment to the site plan may be required and can be accommodated prior to finalizing the site plan.

Staff are generally satisfied with the built form

Staff are generally satisfied with the massing and built form. However, additional information is required with respect to building materials, window and balcony configurations, and building entrance locations. Staff require confirmation that coordination has occurred with the landscape plans and site grading plans prior to final approval.

ENVIRONMENTAL CONSIDERATIONS:

The subject property is not located in the TRCA screening zone and any environmental matters were addressed at the subdivision stage.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

The proposed development promotes a number of key goals set out in “Engage 21^st Century Markham” by providing for efficient use of infrastructure, transit-supportive land use patterns and density, compact development and high levels of architectural and urban design.

BUSINESS UNITS CONSULTED AND AFFECTED:

All Town departments and external agencies have been circulated with these applications and all comments have been considered in this report.

RECOMMENDED BY:

________________________ _______________________

Valerie Shuttleworth, MCIP, RPP Jim Baird, MCIP, RPP

Director of Planning and Urban Design Commissioner of Development Services