Report to: Development Services Committee                                  Report Date: June 19, 2007

 

 

SUBJECT:                          Application for Site Plan Control Approval

                                            Ruland Properties Inc. (The Remington Group)

                                            Phase I – Verdale Apartment Buildings

                                            Markham Centre

                                            SC 06 107952

 

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

 

 

RECOMMENDATION:

That the report dated June 19, 2007, entitled “Application for Site Plan Control Approval - Ruland Properties Inc. (The Remington Group), Phase I Verdale Apartment Buildings, Markham Centre” be received;

 

That the application for site plan control approval by Ruland Properties for three apartment buildings 6 and 10 storeys in height containing a total of 421 units, featuring shared underground garage and amenity facilities 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 prior to final site plan approval, the Owner provides a release from the Trustee for the Markham Centre Landowners Group recommending servicing allocation for the 421 units within this project, and confirming that the applicant has met their financial obligations to the Group with respect to these lands.  Previous approvals granted by Council for the Downtown Markham project account for a servicing allocation of 607 units, which was assigned from the original allocation of 800 units granted to applicant through the draft plan approval process.  The 421 units proposed, when combined with previous approvals granted by Council, would represent 228 units in excess of the original 800 units and would require distribution through the landowners group;

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;

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

EXECUTIVE SUMMARY:

Not applicable

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

PURPOSE:

The purpose of this report is to discuss and make recommendations on an application for site plan control approval by Ruland Properties Inc. for three apartment buildings 6 and 10 storeys in height within Phase 1 of their Downtown Markham project.

 

BACKGROUND:

Council granted draft plan approval to the Remington Group’s comprehensive, mixed-used project ‘Downtown Markham’ 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. 

 

Addressing various technical issues associated with the approvals required amendments to the conditions of draft plan approval and modifications to the approved Precinct Plan.  These changes were endorsed by Council in June, 2006, and subsequently appealed by three area developers, on grounds primarily relating to draft plan conditions which required the applicant to enter into a cost sharing agreement.  On March 14, 2007, the appeals were finally resolved following a series of discussions before the Ontario Municipal Board. 

 

OPTIONS/ DISCUSSION:

Project Description

The applicants are proposing to construct the next three condominium apartment buildings within the multi-building first residential phase of their ‘Downtown Markham’ project.  Overall, the first phase apartment programme provides for 12 apartment buildings containing up to 1,538 units, oriented adjacent to the Civic Mall, along the extension of Birchmount Road and on either side of the future Verclaire Gate extension (Figure 3).  The balance of the phase 1residential programme consists of 175 freehold townhomes.

 

The three buildings (G, H and I) will be located on the west side of the southerly extension of a road that will eventually connect with Verclaire Gate, at Highway 7.  The buildings will feature a 6-storey base with 10 storey elements (Figures 4, 5 & 6).   Buildings ‘H’ and ‘I’ will be linked by a one storey lobby, while buildings ‘G’ and ‘H’ will share a common courtyard.  Vehicular access to the buildings will be via the local internal public road network.   Combined, the three buildings will contain 421 units and share an underground parking garage and common ramp.  All visitor and resident parking will be located below grade.  While the parking supply for the one and two bedroom units will comply with the new Markham Centre By-law standard of 1.2 spaces per unit, the applicant is proposing a higher standard of 1.6 spaces for the 62 larger (2 bedroom + den) units, which will require a minor variance.  

 

 

As with other projects within this phase of the project, the applicant has committed to the LEED principles and will be seeking a LEED certification and, are targeting a “Silver” ranking.  Features of this project include a green roof above the common lobby, bike storage facilities within the underground garage and connection to District Energy.  Ground floor units will have individual access to outdoor patio spaces to animate the base of the buildings. 

 

Building materials consist of a combination of brick and stone.  A variety of decorative elements are proposed including brick panels, metal grilles, iron railings and metal trellis (Figures 5 & 6).   Detailing of the building’s frontage along the Veclaire Gate extension will be required in concert with finalizing the landscape plans and implementing the enhanced Markham Centre Streetscape Programme which envisions a wider boulevard and centre median at this location.  Implementing these elements may require further discussions relating to long-term maintenance requirements, as part of the condominium approval process.

 

Zoning and Official Plan

The lands are designated Community Amenity Area within the Markham Centre Secondary Plan (OPA 21), and are zoned Markham Centre Downtown Two MC-D2 Zone in the Markham Centre Zoning By-law (Figure 2).  Minor variances may be required to address certain setback issues with respect to the internal road network and to accommodate an increase in the amount of residential parking for the larger units within the proposal. 

 

While the currently proposed 10 storey height of portions of this project comply with existing zoning permissions, the applicant has indicated that they may seek relief to the zoning by-law to increase the height of Building I to 14 storeys to create a landmark building as a gateway into the project.  Should the applicant decide to proceed with this height increase, further review and approvals would be required.

 

Site Plan Process is Proceeding Concurrently with Subdivision Agreement

The applicant is working will staff to finalize the subdivision agreement and proceeding with phase one site plan approvals.  The conditions of site plan approval require the owner to execute a Subdivision Agreement prior to final site plan approval being granted. 

 

Proposal has been Reviewed by the Markham Centre Advisory

The applicant presented this proposal to Development Service Committee on February 13, 2007 and subsequently to the February 15, 2007 meeting of the Markham Centre Advisory Group.  The Advisory rated the proposal Gold for its Built Form, Open Space and Green Infrastructure components, while Transportation was rated Silver.  The Greenlands criteria were not applicable.  The Advisory complimented the project’s architecture but raised an issue with public accessibility through the site via the courtyard.  The project was however rated “on-target”.

 

 

 

Applicants are Targeting LEED Certification

In addition to the review of this application through the Markham Centre Performance Measures, the developers are targeting a ‘Silver’ LEED rating.  Specific measures towards this rating include water reduction through efficient landscaping and green roof technology, use of construction methods and materials to improve air quality, as well as sorting and streaming of construction waste.

 

Courtyard Access

One of the issues noted by the Advisory was the common courtyard between Buildings G and H.  This courtyard would be located adjacent to the internal amenity facilities of the two buildings and would include direct access for residents from the internal space to the outdoor amenities within the courtyard.  A publicly accessible walkway would be provided, by way of easement, through the centre of the courtyard area and the applicants are proposing to limit this access, by closing gates in the late evening through to the early morning hours.  Staff are concerned that this walkway should remain available 24 hours a day and there could be enforcement issues should the condominium corporation not open the gates at specified times.  This matter is identified in the conditions of site plan approval (Appendix A) and will be addressed further at the time of condominium approval.

 

Departmental / Agency Comments

The Fire Department has no objections, but has identified specific requirements which must be shown on the final plans.  The final plans must also confirm compliance with the Buttonville Airport Zoning Regulations.  MTO has advised that they require confirmation through the draft plan approval process that their conditions have been addressed prior to final site plan approval.

 

The Engineering Department requires site servicing, grading and stormwater management reports prior to final site plan approval.  A Functional Traffic Design Study has been submitted and is currently being reviewed.  The noise study will also be required to be up-dated in accordance with the conditions of draft plan approval.  Comments have also been provided relating to the driveway location and alignment.  An easement for servicing purposes (sewer and District Energy) is required along the southerly site boundary.  An appropriate condition is included in Appendix ‘A’.

 

Servicing Allocation is Available

Through 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.  Since then, an additional allocation of up to 612 units has been identified for the applicant through the Landowners Group Agreement.  To facilitate completion of Phase 1, the applicants are also proposing to transfer approximately 301 units of allocation from another project at Highway 48 and Steeles, for a total of up to 1,713 units.  Amendments to the Holding provisions applicable to the 48/Steeles property will be enacted before this transfer could be finalized.  To-date 607 units have been accounted for through the earlier endorsement of the townhome and apartment site plan applications.  Consequently, allocation is available to this phase of the project, subject to confirmation from the Trustee for the Landowners Group. 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

ENVIRONMENTAL CONSIDERATIONS:

This proposal has been evaluated against the Markham Centre Performance Measures and has been rated “on-target”, and the applicants advise they are targeting a ’Silver’ LEED ranking. 

 

ACCESSIBILITY CONSIDERATIONS:

There are no accessibility implications for the Town in this report.

 

ENGAGE 21ST CONSIDERATIONS:

The proposal aligns with the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

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

 

RECOMMENDED BY:

 

 

 

 

_______________________________             ________________________________

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

Director of Planning & Urban Design                   Commissioner of Development Services

 

 

ATTACHMENTS:

 

APPENDIX A – Conditions of Site Plan Approval

 

Figure 1:  Site Location

Figure 2:  Area Context and Zoning

Figure 3:  Aerial Photo

Figure 4:  Proposed Site Plan

Figure 5:  Proposed Elevations

Figure 6:  Proposed Elevations

Figure 7:  Coloured Rendering

Figure 8:  Coloured Rendering

Figure 9:  Coloured Rendering

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 and servicing 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 is to 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, an underground parking layout plan, 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 drawings for the public walkway design and confirm public access and maintenance arrangements for the walkway, including wording to be incorporated into the future Condominium documents, to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

7.       That prior to final site plan approval the Owner shall submit a Landscape Plan, including a detailed lighting submission, 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;

8.         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 MTO; and, addressing the specific requirements identified in the staff report, prior to final site plan approval;

9.       That the Owner satisfy cash-in-lieu of parkland obligations for the apartment buildings, in accordance with the Parkland Principles for Markham Centre and pursuant to the Markham Centre Secondary Plan and the Markham Centre Landowners Group Agreement, to the satisfaction of the Commissioner of Development Services.

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

11.       That the location, size and construction of all refuse storage areas and recycling facilities, and arrangements for waste collection be to the satisfaction of the Town of Markham Waste Management Department;

12.       That provisions for Fire Routes, yard hydrants, Siamese connections and other emergency access requirements be to the satisfaction of the Fire Department;

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

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

15.       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;

16.       That the Owner provide confirmation that height and lighting of the buildings meets the requirements of Transport Canada, including applicable warning clauses;

17.       That the Owner provide and implement a TDM plan which clearly identifies bike parking, and any other measures to promote alternative modes to the single occupant vehicle;

18.       That the Owner provide and implement a comprehensive Green Infrastructure plan, which includes the introduction of green roof technology on the lobby building and provides for connection to the District Energy network, to the satisfaction of the Commissioner of Development Services;

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

20.       That any Town support for minor variances to the oversupply of parking be site specific in nature, only associated with the larger residential (2 bedroom +) units and, subject to a parking demand study;

21.       That this endorsement shall lapse and site plan approval will not be issued after a period of three years commencing June 19, 2007, in the event that the site plan agreement is not executed within that period.