Report to: Development Services Committee Report Date: May 1, 2007

SUBJECT: PRELIMINARY REPORT

Times Markham Centre (Majestic Court Condominium)

North-west corner of South Town Centre Boulevard and Clegg Road

Application for zoning by-law amendment to permit an increase in the maximum number of storeys from 12 to 16, and increase in the maximum number of dwelling units from 400 to 532, and to rezone a portion of the property for a public park

FILE: ZA 07 111517

PREPARED BY: Scott Heaslip, ext. 3140

Senior Project Co-Ordinator

Central District

RECOMMENDATION:

That the staff report dated May 1, 2007, entitled: “Times Markham Centre (Majestic Court Condominium), North-west corner of South Town Centre Boulevard and Clegg Road, Application for zoning by-law amendment to permit an increase in the maximum number of storeys from 12 to 16, and increase in the maximum number of dwelling units from 400 to 532, and to rezone a portion of the property for a public park, FILE: ZA 07 111517, be received;

And that a Public Meeting be held to consider the application;

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)

PURPOSE:

The purpose of this report is to provide preliminary information regarding an application for zoning by-law amendment to permit an increase in the maximum number of storeys and dwelling units for an approved condominium apartment building, and to rezone a portion of the property for a public park.

BACKGROUND:

Property and Area Context

The subject property has an area of 1.46 hectares (3.6 acres), and is located at the north-west corner of South Town Centre Boulevard and Clegg Road. To the north and west are vacant lands. To the east across South Town Centre Boulevard are 13 and 16 storey apartment buildings, under construction (Liberty Development Corporation). To the south across Clegg Road is an existing 2-storey office building.

Official Plan and Zoning

The subject lands are designated “Community Amenity – Major Urban Place” in the Markham Centre Secondary Plan (OPA 21) and zoned “Markham Centre Downtown Two” (MC-D2) by the Markham Centre Zoning By-law. On April 19, 2006 the Committee of Adjustment approved a minor variance application by Times Investments to increase the maximum permitted retail floor area from 700 to 890 square metres, and the maximum permitted number of dwelling units from 390 to 400.

Status of Development Approvals

In 2005, Council endorsed a comprehensive precinct plan for the block bounded by Highway 7, South Town Centre Boulevard, Clegg Road and Rodick Road (the Stringbridge lands), which includes the applicant’s holding. The precinct plan (Figure 4) does not include the park now being proposed by the applicant.

The implementing zoning by-law, adopted in 2005, formalized the residential permissions on the applicant’s lands including height and density. The by-law includes sufficient density and height permissions to allow the lands proposed by the applicant for a public park to be developed with a non-residential building of up to three storeys and approximately 2000 m² (22,000 ft²) net floor area.

On October 17, 2006, Development Services Committee endorsed a site plan application for a 400 unit apartment building consisting of a 12-storey component facing South Town Centre Boulevard and a 10-storey component facing Clegg Road, connected by a 6 storey link with 3-storey round shaped feature (containing an indoor swimming pool) focused on the intersection (Figures 5 and 7). The South Town Centre Boulevard wing contains grade related retail uses facing onto the street. The endorsed site plan (Figure 5) shows the outline of a future building on the lands now being proposed by the applicant for a public park, and identifies these lands as a future phase, which would be subject to a future development approval.

On February 27, 2007, Council removed the hold provision from the zoning of the property.

On March 2, 2007, staff endorsed final project plans and commenced preparation of the necessary site plan agreement.

On March 22, 2007, a conditional building permit was issued for shoring and for the underground parking structure.

Proposal (Figures 6 and 8)

The applicant is now requesting the following amendments to the zoning by-law:

• An increase in building height from 12 to 16 storeys for the component facing South Town Centre Boulevard and from 10 to 14 storeys for the component facing Clegg Road. The connecting link is proposed to remain at 6 storeys.
• An increase in the number of dwelling units from 400 to 532.
• To rezone the north-west portion of the property, approximately 0.45 ha (1.1 acres) to “Public Open Space” to facilitate the conveyance of these lands to the Town for a public park.

The applicant proposes to extend the underground parking garage below the proposed parkland to provide the parking for the additional residential units.

The additional 4 floors are proposed to be added to the middle of the building. The design of the upper and lower portions of the building are not proposed to be altered [see Figures 7 (endorsed elevations) and 8 (proposed elevations)].

The applicant is proposing to transfer 132 units of unused servicing allocation from their “Galleria” project on Highway 7, west of Leslie Street, to this development.

The applicant is also petitioning York Region to recognize the reduced water consumption of LEED certified buildings in its servicing allocation policies. The proposed development will be LEED certified. If the Region revises its policies, allocation could become available to be transferred back to the applicant’s “Galleria” project in Thornhill.

OPTIONS/ DISCUSSION:

Potential Benefits of approval of the proposal:

The potential benefits include:

• The additional residential units would support the VIVA Transit service. The subject property is less than a 1-minute walk from the nearest VIVA stop on Town Centre Boulevard at Highway 7.
• The proposed additional building massing and residential unit count would be consistent with provincial and regional policies, which encourage intensification in this “urban growth centre.”
• The proposed public park, or alternatively a private open space owned and maintained by the condominium corporation, may be an amenity to the adjacent residential and employment uses.

Issues/concerns to be resolved:

The following is a brief summary of the concerns/issues identified to date:

• Proposed park - The proposed park is not shown on the approved precinct plan for this block (see Figure 4). While staff acknowledge that there may be merit to having a public park in this general vicinity, the park would need to have adequate exposure to public roads and be bordered by compatible and complementary uses. Staff are currently in discussion with the applicant and the adjacent landowner in regard to the park proposal and related land use and design matters.
• Height – The intended maximum building height in the “Major Urban Place” designation is generally 8 storeys. Where buildings are designed to achieve landmark design objectives and provide focal points, such as at Highway 7 and South Town Centre Boulevard, Council can increase building heights to the equivalent of 13 office storeys. Appropriate building height was addressed in the precinct plan, in an area context, at the time of the original approval, and 10 – 12 storeys agreed to. The current proposal must be considered in the context of the height policies of the Markham Centre Secondary Plan, including maximum height and graduation of heights.
• Built form – The proposed development is a “slab” type building. In the opinion of staff, this form lends itself to the approved 10 and 12 storeys. The proposed 14 and 16 storeys must be considered in relation to the built form and architectural style, including the relationship between the 6-storey connecting link and the taller building components.

Rather than increase the height of the approved buildings, introducing a third, smaller residential building on the proposed park site may be a more appropriate way to accommodate additional residential density on this site. While this would eliminate the opportunity to introduce a public park, it would address the concerns with the proposed height of the “slab” type building, provide a better fit in the context of the secondary plan height policies, and have a better relationship to the other developments contemplated in the approved precinct plan.

These matters, and others identified through the circulation and detailed review of the proposal, will be addressed in the final staff report to be presented to Committee at a later date.

FINANCIAL TEMPLATE (external link):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development potentially relates to the following goals of “Engage 21^st Century Markham – Infrastructure Management, Managed Growth and Quality Community.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application is currently in circulation to relevant departments and outside agencies.

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:

Figure 1 – Location Map

Figure 2 – Area Context

Figure 3 – Air Photo

Figure 4 - Approved Precinct Plan

Figure 5 – Endorsed Site Plan

Figure 6 - Proposed Site Plan

Figure 7 – Endorsed Elevations

Figure 8 – Proposed Elevations

CONTACT: Bob Crews

J.D. Barnes Limited

140 Renfrew Drive, Suite 100

Markham, Ontario

L3R 6B3

Tel: (905) 477-3600

Fax: (905) 477-0892

Email: bcrews@jdbarnes.com

File path: Amanda\File 07 111517\Documents\Recommendation Report