Report to: Development Services Committee Report Date: April 17, 2007

SUBJECT: RECOMMENDATION REPORT

1685904 Ontario Inc.

4600 Steeles Avenue East (North-east corner of Steeles Avenue East and the future Midland Avenue extension)

Rezoning application to permit a mixed-use development

ZA 06 126186

PREPARED BY: Scott Heaslip, Senior Project Coordinator, Central District

RECOMMENDATION:

That the staff report entitled “RECOMMENDATION REPORT – 1685904 Ontario Inc. – 4600 Steeles Avenue East (North-east corner of Steeles Avenue East and the future Midland Avenue extension) – Rezoning application to permit a mixed-use development”, dated April 17, 2007, be received;

That the zoning amendment application (ZA 06 126186) to amend By-law 177-96, as amended, be approved as outlined in the staff report and the draft implementing zoning by-law amendment attached as Appendix ‘A’ be finalized and enacted;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable.

FINANCIAL CONSIDERATIONS:

Not applicable.1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7.Engage^21st 8. Affected Units 9. Attachment(s)

Property and Area Context

The subject property has an area of 0.81 ha (2 acres) and is located on the north side of Steeles Avenue East, immediately east of the future Midland Avenue extension. The property contains a vacant 2-storey heritage building known as the Milliken Public School, built in 1929. To the north and east are single detached dwellings which front on Manston Crescent and Duxford Crescent and back onto the subject property. To the west is a vacant property which was purchased by the Town a number of years ago for the Midland Avenue extension. To the south across Steeles Avenue East are single detached dwellings which front on Staverton Court and flank on Steeles Avenue East.

Official Plan and Zoning

The property is designated “Commercial” in the Official Plan and “Community Amenity Area – Steeles Avenue” in the Milliken Main Street Secondary Plan (OPA 144). Lands subject to this designation are intended to develop with retail and office uses along Steeles Avenue. Medium or high density residential uses are also permitted.

The property is zoned “Holding - Community Amenity 4” [CA4*286(H)] by

By-law 177-96, as amended by By-law 2005-250 (which implements the Main Street Milliken Secondary Plan). The CA4 zoning permits a broad range of commercial, office and service uses, as well as apartment dwellings.

As there was no development proposal for the subject lands at the time they were zoned, the following site specific provision was included in the By-law to protect the historic schoolhouse building:

“The permitted uses are only allowed within the main building that existed on the site prior to the effective date of this by-law, and in any addition thereto of a size not exceeding the size of the main building that existed on the site prior to the effective date of this by-law.”

This provision requires any development beyond an addition to the rear of the existing schoolhouse building to go through a rezoning process.

The by-law prescribes the conditions for removal of the hold, including execution of a subdivision or site plan agreement with the Town, availability of adequate servicing capacity and allocation, conveyance of any lands required for roads, availability of adequate road capacity, and the remediation of any site contamination.

Proposal

The applicant has applied to amend the zoning by-law to permit the subject property to be developed with the following (see Figures 4 - 6):

A mixed use building at the front of the property, focused on the future Steeles/Midland intersection. This building will contain 117 apartment units and 288 m² (3104 ft²) of commercial uses in the front portion of the ground floor. This building will incorporate the front third of the historic Milliken Schoolhouse building. The west portion of the mixed-use building will be 7-storeys, stepping down to 6 and then 4 storeys, to the east.
Two 3-storey, 6-unit townhouse blocks on the north portion of the property.

All residential parking will be in a one level underground garage. The retail parking (15 spaces) will be on the surface.

All vehicular access will be from the future Midland Avenue extension.

The owner has also applied for site plan approval. Staff will report on the site plan application once property issues related to the Midland Avenue extension have been resolved.

OPTIONS/ DISCUSSION:

Resident concerns have been addressed

The applicant held a Community Meeting with the adjoining residents on August 31, 2006, prior to the October 3, 2006 statutory Public Meeting. The residents expressed concerns at both meetings regarding the compatibility of the proposed development with their homes, as well as the traffic impact.

To address the concerns of the adjoining residents to the east, the applicant made the following revisions to the proposed mixed-use building:

the massing and commercial uses have been focused towards the intersection and away from adjoining residents.
the setback of the building from the east boundary has been increased from 12 to 16 metres.
the stepping back of the east portion of the building has been increased at the upper floor levels.
the driveway onto Steeles Avenue has been eliminated and replaced with a landscaped area. The elimination of this driveway will allow the preservation of an existing mature oak tree adjacent to the east boundary. This tree will act as a visual buffer between the building and the adjoining residents.

To address the concerns of the residents to the north, the applicant made the following revisions to the plan:

the setback of the two townhouse blocks from the north lot line has been increased from 4.6 to 7.5 metres.
portions of the underground garage have been pulled back from the north lot line to facilitate the preservation of several significant existing trees.

The applicant also submitted a sun shadow study, which demonstrates that there will be no unacceptable shadow impact on the adjoining residential properties. A traffic impact study is currently being reviewed by the City of Toronto and the Town.

Proposed development is consistent with the objectives of the Secondary Plan

The proposed uses and built form are consistent with the planned function of the “Community Amenity Area – Steeles Avenue” designation. The mixed-use building, in combination with the applicant’s proposed development at 4550 Steeles Avenue (north-west corner of Steeles and future Midland), will visually identify this intersection as a gateway into the Milliken Main Street Secondary Plan Area. The proposed development is pedestrian and transit oriented, and the proposed apartment units will help to diversify the housing stock in the vicinity.

The maximum height of buildings in the “Community Amenity Area – Steeles Avenue” designation is “generally 5 storeys”, except where lands abut existing residential development where the maximum height is “generally 3 storeys”. The secondary plan permits exceptions to the height limitation subject to appropriate integration with surrounding development, and the approval of a specific development proposal. The proposed 3-storey townhouse blocks are consistent with the height provisions of the secondary plan. In consideration of the gateway location of the property, the proposed mixed use building, revised as outlined above to orient the massing to the intersection and away from the adjoining residential properties, maintains the intent of the secondary plan.

Development will facilitate construction of the Midland Avenue extension

This development and the proposed development at the north-west corner of Steeles and Midland both rely on the Midland Avenue extension for access. The Milliken Main Street Landowners Group is undertaking the Class Environmental Assessment (EA) for the extension, and will be constructing the road. A portion of the subject property will be required to be conveyed to the Town for the extension. A small portion of the adjoining Town owned land will not be required for the road, and is proposed to be incorporated into the development.

Heritage Markham concerns have been addressed

The applicant has worked closely with heritage staff and Heritage Markham to sensitively integrate the historic schoolhouse into the mixed-use building. At the request of Heritage Markham, the applicant revised the plans to have the front third of the schoolhouse building stand proud of the mixed-use building, and simplify the south facade of the building to act as a backdrop to the schoolhouse. Heritage Markham is generally satisfied with the current plans (resolution attached as Appendix “A”). The final details of building design will be addressed at the site plan approval stage.

By-law amendment required

The proposed development requires the by-law to be amended to:

delete the site specific provision allowing only the existing building and an addition of equivalent area.
increase the maximum permitted building height to 7 storeys.
Incorporate site specific development standards to secure the built form relationship to the adjoining residential properties.

Hold not to be removed until conditions met

The existing hold on the zoning will need to remain in place until the following conditions have been met:

The lands required for the Midland Avenue extension have been confirmed through the Environmental Assessment and have been conveyed to the Town and the City of Toronto.
The Town and the City of Toronto have signed off on the traffic study for the project.
The Town has received a clearance from the trustee for the Milliken Main Street Developers Group confirming that the owner is in good standing from the Group and that servicing allocation is available to the project.
The soil contamination which has been identified on the subject property (from the oil tank for the school) has been remediated to the satisfaction of the Town.
The owner has executed the required site plan agreement.

The owner has applied for site plan approval. Staff will report on the site plan application once the extent of the lands required for the Midland Avenue extension has been confirmed through the EA and matters regarding land conveyance for the extension have been resolved with the Town.

FINANCIAL TEMPLATE:

ENVIRONMENTAL CONSIDERATIONS:

The soil contamination will need to be remediated before development can proceed.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development will support the following key goals of “Engage 21^st Century Markham” :

Environmental focus - The development is compact and transit supportive. Several existing mature trees will be preserved.

Infrastructure Management - The development will help to facilitate the Midland Avenue extension.

Quality Community - The proposed apartment units will help to diversify the housing stock.

BUSINESS UNITS CONSULTED AND AFFECTED:

The proposed development was circulated to applicable Town departments and public agencies. Their requirements will be incorporated in the final project plans and secured in the required site plan agreement.

RECOMMENDED

BY: ________________________ ________________________

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

Director, Planning & Urban Design Commissioner, Development

Services

ATTACHMENTS: