Report to: Development Services Committee                                  Report Date: June 26, 2007

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Official Plan amendment, zoning amendment, plan of subdivision, and site plan applications by Lindvest Properties (Cornell) Limited to permit residential, commercial and employment uses south of Highway 7 in the Cornell Community

                                            OP 04-028705,  ZA 04-028706, OP 05-011355, SU 06-114925 (19TM-06012), ZA 06-114935, SC 06-129543

 

PREPARED BY:               Marg Wouters, Senior Planner, East District

 

 

RECOMMENDATION:

That Official Plan amendment applications (OP 04-028705 and OP 05-011355) submitted by Lindvest Properties (Cornell) Limited for lands south of Highway 7, east of 9th Line, be approved and the draft Official Plan amendment attached as Appendix ‘A’ be finalized and adopted, and forwarded to the Region of York for approval;

 

That Phase 1 of draft plan of subdivision 19TM-06012 (SU 06-114925) located south of Highway 7, east of 9th Line, proposed by Lindvest Properties (Cornell) Limited, be draft approved subject to the conditions outlined in Appendix ‘B’;

 

That the zoning applications (ZA 04-028706 and ZA 06-114935), submitted by Lindvest Properties (Cornell) Limited, to implement Phase 1 of  draft plan of subdivision 19TM-06012 (SU 06-114925) south of  Highway 7, east of 9th Line, be approved and the draft Zoning By-laws attached as Appendix ‘C’ be finalized and enacted;

 

That servicing allocation for 50 townhouse units and 150 apartment units (481.5 population) be granted to Lindvest Properties (Cornell) Limited subject to written confirmation from the Trustee of the Cornell Landowners Group that servicing allocation is available from the total sewer and water allocation granted to the Cornell Community by the Town and the Region;

 

That, prior to issuance of draft plan approval, the owner shall enter into an agreement with the Town of Markham, which agreement shall be registered on title, committing the owner to:

 

A.  Not enter into any agreements of purchase and sale with end users (defined as the eventual homeowner who is purchasing a dwelling or an individual lot containing a dwelling for the purpose of occupancy), for units beyond the first 200 units, until such time as: 

 

a)   i)   York Region has advised in writing that it is no earlier than twelve (12)   months prior to the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the Southeast Collector Trunk Sewer project; and

ii)   The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the subject development;

or

 

b)   The Town of Markham approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure;

or

 

c)   The Regional Commissioner of Transportation and Works confirms servicing capacity for this development by a suitable alternative method and the Town of Markham allocates the capacity to this development.

AND

 

B.   Not enter into any agreements of purchase and sale with non end users for the subject lands unless the agreement of purchase and sale contains a condition that requires the purchaser and any subsequent purchasers to enter into a separate agreement with the Town of Markham, which agreement shall be registered on title, committing the owner to the same terms as set out in item A above.  

 

That, prior to draft plan approval, the Owner shall enter into an indemnity agreement with York Region, which agreement shall be registered on title, agreeing to save harmless York Region from any claim or action as a result of York Region granting draft approval of Plan 19TM-06012 or any phase thereof (beyond the first 200 units), including, but not limited to claims or actions resulting from, water or sanitary sewer service not being available when anticipated.  The agreement shall include a provision that requires all subsequent purchasers of the subject lands, who are not end-users, to enter into a separate agreement with York Region as a condition of the agreement of purchase and sale, to indemnify York Region on the same terms and conditions as the owner;   

           

That the Town reserves the right to revoke or reallocate sewage allocation and water supply should the development not proceed in a timely manner;

That the applicant agree to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering;

 

That the applicant provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2007-15);

 

That the Site Plan application (SC 06-129543) submitted by Lindvest Properties (Cornell) Limited to permit a mixed use retail centre on the south side of Highway 7, east of Bur Oak Avenue, including a long term Master Plan for the site, be endorsed in principle, subject to the conditions attached as Appendix ‘D’;

 

That site plan approval be delegated to the Director of Planning & 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;

 

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

 

EXECUTIVE SUMMARY:

The purpose of this report is to recommend approval of Official Plan amendment, Phase 1 draft plan of subdivision, zoning amendment and site plan applications submitted by Lindvest Properties (Cornell) Limited, to permit residential and employment development, as well as a mixed use retail centre, on their lands south of Highway 7 in Cornell. The lands within the proposed plan of subdivision consist of approximately 62 hectares (153 acres) bounded by Highway 7 to the north, Highway 407 to the south, 9th Line to the west, and the Donald Cousens Parkway to the east (Figures 2 and 3). 

 

Draft plan approval is being sought for a 25.4 ha (62 ac) first phase of draft plan of subdivision 19TM-06012, consisting of three medium density residential blocks (Blocks 1, 2 and 3), a mixed use retail centre (Block 4), an elementary school site (Block 5), and two mixed use office blocks (Blocks 10 and 11) as shown in Figure 4.  The remaining blocks, including high density residential blocks and two employment blocks will be considered for draft approval once additional servicing allocation is available and certain issues regarding densities and natural features have been resolved. 

 

A total of 1,349 residential units are proposed within the residential and mixed use blocks included in the Phase 1 draft approval.  These units consist of approximately 149 medium density units along Highway 7 near 9th Line (Blocks 1 through 3), and approximately 1,200 medium and high density units within the mixed use retail centre east of Bur Oak Avenue (Block 4).   The 1,200 proposed units within the mixed use retail centre consist of 50 live/work townhouses at the south limit of the centre and 1,150 apartment units along Highway 7.    The Region of York has requested that a portion of one of the mixed use office blocks be dedicated for a regional transit terminal. 

 

An Official Plan amendment is required to the existing Secondary Plan to permit the proposed development.   The proposed plan of subdivision is generally consistent with the 2007 draft updated Cornell Secondary Plan.   The lands within the proposed plan of subdivision are entirely within the lands described as ‘Cornell Centre’ in the revised draft Secondary Plan.  It is proposed that the existing Cornell Secondary Plan be amended to redesignate the lands within Phase 1 of the proposed plan of subdivision in accordance with the draft updated Secondary Plan, with modified policies to allow for the development within the proposed mixed use retail centre site plan to proceed as a first stage in the development of the more intensive mixed use centre.

 

Staff recommend that the Official Plan Amendment attached as Appendix ‘A’ and the zoning amendments attached as Appendix ‘C’ be finalized and approved.  Staff further recommend draft approval of Phase 1 of the proposed plan of subdivision and endorsement in principle of the site plan for the mixed use retail centre (Block 4), subject to matters outlined in this report and the conditions attached as Appendix ‘B’ and Appendix ‘D’, respectively.   Staff further recommend that servicing allocation for 50 townhouse units and 150 apartment units (481.5 population) be approved for this development, including the 150 units of allocation assigned to the Trustee of the Cornell Landowners Group for high density development within the Highway 7 corridor.

 

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 recommend approval of Official Plan amendment, draft plan of subdivision, zoning amendment and site plan applications submitted by Lindvest Properties (Cornell) Limited, to permit residential and employment development, as well as a mixed use retail centre, on their lands south of Highway 7 in Cornell.

 

BACKGROUND:

Property and Area Context

The lands within the proposed plan of subdivision consist of approximately 62 hectares (153 acres) of lands bounded by Highway 7 to the north, Highway 407 to the south, 9th Line to the west, and the Donald Cousens Parkway to the east (Figures 2 and 3).  These lands represent the remaining Lindvest Properties land holdings south of Highway 7 in the Cornell planning district.  It is noted that the applicant’s land holdings and the draft plan of subdivision do not include the 0.9 ha property at 7323 Highway 7.

 

The lands are generally flat tableland. A large woodlot is situated approximately in the centre of the subject lands. A heritage building is located on a small property municipally known as 7265 Highway 7 within the subject lands.   

 

For the purposes of this report, the term ‘Avenue Seven’ is used interchangeably with ‘Highway 7’.

 

Proposed Plan of Subdivision

The proposed plan of subdivision consists of 12 development blocks accessed by a network of public roads, as detailed in Table 1 and shown in Figure 4.  The primary north-south roads include the extension of Bur Oak Avenue south of Highway 7 (Street ‘A’), the Donald Cousens Parkway, and a new road (Street ‘C’) located approximately midway between these two roads, intersecting with Highway 7 at the old Markham By-Pass. A total of 4,048 medium and high density residential units, including live/work units, are proposed in residential and mixed use blocks, primarily west of Street ‘C’.  Approximately 19 hectares (47 ac) of mixed use office and employment lands are proposed east of Street ‘C’. 

 

Draft plan approval is being sought for a 25.4 ha (62 ac) first phase of draft plan of subdivision 19TM-06012, consisting of three medium density residential blocks (Blocks 1, 2 and 3) along Highway 7, a mixed use retail centre (Block 4), an elementary school site (Block 5), and two mixed use office blocks (Blocks 10 and 11).  The remaining blocks, consisting of high density residential blocks and two employment blocks, will be considered for draft approval once additional servicing allocation is available and certain issues regarding densities and natural features (discussed in further detail below) have been resolved.  The woodlot and woodlot expansion area have been previously draft approved as part of the residential plan of subdivision (19TM-02001) to the west.

 

Approximately 1,349 residential units are proposed within the residential and mixed use blocks included in the Phase 1 draft approval.  These units consist of approximately 149 medium density units along Highway 7 near 9th Line (Blocks 1 through 3), and 1,200 medium and high density units within the mixed use retail centre east of Bur Oak Avenue (Block 4).   The 1,200 proposed units within the mixed-use retail centre consist of 50 live/work townhouses at the south limit of the centre and 1,150 apartment units along Highway 7.    The mixed use office block at the southeast corner of Highway 7 and Street ‘C’ provides for a regional transit terminal. 

 

The public roads to be constructed as part of the Phase 1 approval include Street ‘A’ (extension of Bur Oak Avenue south of Highway 7), a portion of Street ‘C’ (extension of old Markham By-Pass south of Highway 7) and Street ‘D’ (new east-west road from old Markham By-Pass to Donald Cousens Parkway).

 

Bur Oak Avenue is proposed to be constructed far enough south to link with Michelina Court. This link will provide access for the mixed use centre (Block 4) and the school site (Block 5, and will provide public road access to the proposed subdivision from the neighbourhoods to the west.

 

Street ‘C’ is proposed to be constructed as far south as the intersection with Street ‘D’,  providing access to the mixed use centre and providing a connection to Highway 7 from Street ‘D’.


 

Table 1: Land Use Summary – 19TM-06012

Block No.

Location

Area (ha)

Land Use

No. of Units

PHASE 1

 

 

 

 

Residential

 

 

 

 

1, 2, 3

South of Avenue Seven

3.64

Stacked/deck townhouses

 149

Mixed-Use Retail Centre

 

 

 

 

4

South of Hwy 7 extending from Bur Oak ext. (Street ‘A’) to Street ‘C’

9.25

Retail, Residential

1,200

School Block

 

 

 

 

5

West of woodlot

1.56

Elementary school

--

Non Residential Mixed Use

 

 

 

 

11

South of Hwy 7, west of By-Pass

3.40

Office, retail, transit terminal

--

12

South of Hwy 7, west of By-Pass

4.05

Hotel, office, retail

--

Roads & Widenings

 

3.52

 

--

Subtotal Phase 1

 

25.42

 

1,349

 

 

 

 

 

PHASE 2

 

 

 

 

Residential

 

 

 

 

6, 7

West of woodlot

4.12

Medium and high density

1,236

9

South of woodlot

2.05

Medium and high density

916

Employment or Residential

 

 

 

 

10

East of woodlot

2.52

Employment & retail, or residential

547

Employment

 

 

 

 

13

West of By-Pass

11.49

Employment

--

Open Space

 

 

 

 

8

14

16

South of Blocks 7 and 13

0.46

0.20

1.23

Open space

--

Stormwater Pond

 

 

 

 

17

South of Block 13

3.76

 

--

Woodlot & Expansion Area (previously draft approved)

 

 

 

 

15

16

South of Block 4

7.86

1.23

Woodlot including 10m buffer  and woodlot expansion area

--

Roads & Widenings

 

2.85

 

--

 

 

 

 

 

Subtotal Phase 2

 

36.54

 

2,699

TOTAL

 

61.96

 

4,048

 

 

 

 

 

Proposed Site Plan – Mixed Use Retail Centre (Block 4)

The proposed site plan for the mixed-use retail centre in Block 4 is attached as Figure 5, and site details are provided in Table 2. 

 

The proposed development consists of:

·        A 12 storey, 150 unit apartment building at the southeast corner of Highway 7 and Bur Oak Avenue

·        Future residential development blocks along the remaining frontage of Highway 7

·        A two-lane east-west private ‘main street’ at the south limit of the site, extending the entire length of the site

·        50 three storey townhouse live/work units fronting the ‘main street’

·        8 commercial buildings fronting the north side of the ‘main street’, ranging in size from 228m2 to 465m2 , equivalent in height to 2 storeys

·        Two single-storey larger commercial buildings in the interior of the site (4,184m2 and 6,000m2)

·        Two additional single-storey retail buildings (1,583m2 and 465m2) along a north-south private road/driveway, which bisects the site and terminates at the ‘main street’

·        An urban square at the intersection of the ‘main street’ and the north-south driveway.

 

The remaining approximately 1,000 apartment units anticipated in the future development area along Highway 7, are not part of this site plan application and will be subject to future site plan approval.  Elevations for the residential and commercial buildings are shown in Figures 6 through 11.

 

Access to the mixed use retail centre is from the mid-block access on Avenue Seven and from Streets ‘A’ and ‘C’ via the private main street.  Truck access is proposed directly from Street ‘A’ and Street ‘C’ for the large commercial buildings adjacent to these streets.

 

A total of 1,207 parking spaces are provided as follows:

·     242 residential spaces for the apartment building (211 underground spaces plus 31 surface spaces);

·     117 parking spaces for the residential portion of the townhouse live/work units (one garage space and one driveway space per unit plus 17 additional driveway spaces) plus 49 visitor spaces in lanes behind live/work units

·     706 surface parking spaces within the interior parking lot

·     33 parking spaces along the main street (on-street parking)

·     60 parking spaces within a temporary parking area on the south side of the main street.

 

 

 

 

Table 2 – Site Statistics – Site Plan Application (Block 4)

Building

No. Units

GFA (m2)

Height (storeys)

FSI

(approx)

Parking

Apartment Bldg

Units - residential

Ground floor commercial

Total

 

150

--

150

 

10,254

    845

11,099

 

 

 

12

 

 

 

2.8

 

211 U/G; 31 surface

   --

  242

 

 

 

 

 

 

Townhouse (live/work)

(B,C,L,M,N,P,K,Z)

Units – residential

Ground floor (incl garage)

Total

 

 

50

--

50

 

 

  9,585

  4,792

14,377

 

 

 

 

3

 

 

 

 

 

0.4

 

   50 garage

   67 driveway

   49 visitor

  166

 

 

 

 

 

Interior Commercial Bldgs

(A,V)

(G,H)

Total

 

--

 

10,184

  2,047

12,231

 

 

 

1

 

 

 

  706

Main Street’ Commercial

(D,E,F,J,R,S,T,U)

--

 

2,534

2-storey equivalent

 

    33

Subtotal

200

40,241

 

 

1,147

Temporary Parking

 

 

 

 

    60

Total

 

 

 

 

1,207

 

 

OPTIONS/ DISCUSSION:

The proposed plan of subdivision and site plan are generally consistent with the draft updated Cornell Secondary Plan but require an amendment to the existing Cornell Secondary Plan

The 1994 Cornell Secondary Plan, currently in effect, designates the lands within the draft plan of subdivision as ‘Neighbourhood General’, ‘Community Amenity Area-Corridor’, ‘Community Amenity Area-Central Core South’, Commercial Corridor Area’ and ‘Open Space Reserve-West’.  The woodlot is designated as ‘Open Space–Environmentally Significant Area’.  A possible location for a community park is identified at the southwest corner of the Donald Cousens Parkway and Highway 7.  

 

A large portion of the lands within the proposed plan of subdivision, including the mixed use office and employment blocks, as well as a portion of the mixed use retail centre block, are within the ‘Open Space Reserve –West’ designation in the existing Secondary Plan.  The Secondary Plan contains policies identifying the possible future redesignation of the ‘Open Space Reserve–West’ lands for employment purposes in the event that employment targets for the Cornell community are not being met elsewhere in the community.   An Official Plan amendment is required to the existing Secondary Plan to permit the proposed development.  

 

The proposed plan of subdivision is generally consistent with the draft updated Cornell Secondary Plan.   The lands within the proposed plan of subdivision are entirely within the lands described as ‘Cornell Centre’ in the revised draft Cornell Secondary Plan, released in April, 2007 (Figure 12).   Cornell Centre, encompassing lands on both sides of Avenue Seven (Highway 7), is intended to function as the central community focus for the Cornell community and eastern Markham.  Building on the ‘Central Core’ designations in the current Secondary Plan, the proposed Cornell Centre concept provides for intensive residential and employment uses, served by a planned regional rapid transit system along Avenue Seven.  A mixed use retail centre south of Avenue Seven is intended to provide the primary community destination and focus for community retail activities.

 

Although the draft updated Secondary Plan has not yet been adopted by Council, the expanded Cornell Centre concept has been extensively deliberated by both Council and the public.  It is proposed that the existing Cornell Secondary Plan be amended to redesignate the lands within Phase 1 of the proposed plan of subdivision in accordance with the draft updated Secondary Plan as follows, and as shown in Figure 12:

  • Designation of Blocks 1, 2 and 3 as ‘Residential Neighbourhood–Cornell Centre’
  • Designation of Block 5 as ‘Residential Neighbourhood-Cornell Centre’ with school symbol

·        Designation of Block 4 as ‘Avenue Seven Corridor – Mixed Residential’ and ‘Community Amenity Area – Cornell Centre’ with modified policies

·        Designation of Blocks 11 and 12 as ‘Business Park Area - Avenue Seven Corridor’, ‘Business Park Area’ and ‘Open Space’.

 

The policies for the Community Amenity Area – Cornell Centre designation have been modified to allow for the development proposed in the site plan application to proceed as a first stage in the development of the more intensive mixed use retail centre, as discussed in more detail below. 

 

It is recommended that the draft Official Plan amendment attached as Appendix ‘A’ be finalized and adopted, and forwarded to the Region of York for approval.

 

Proposed Phase 1 plan of subdivision is considered acceptable

The TRCA has identified an outstanding wetland issue within and to the south of the woodlot and has requested that draft approval of Blocks 6, 7, 9, 10 and 13 be deferred until this issue has been resolved.  TRCA has agreed to the draft approval of the blocks included in the proposed Phase 1 draft approval (Blocks 1, 2, 3, 4, 5, 11 and 12) on the condition that no grading should occur on Blocks 4, 5, 11 and 12 until a comprehensive study on the wetland issue has been completed.  TRCA staff have requested an update to the Master Environmental Servicing Plan (MESP) to identify natural features within the proposed plan of subdivision.  In particular, further hydrologic studies have been requested to determine the source of water within the woodlot, which flows southward through the residential Block 9 (future phase), as well as additional information on how the wetland functions, and how the habitats, forest and wetlands in this area can be protected.  TRCA requirements for the plan of subdivision have been included in the conditions of draft approval attached as Appendix ‘B’.

 

The limits of the woodlot, 10m buffer and woodlot expansion area were determined as part of the draft approval and zoning of the subdivision to the west but were not registered and conveyed to the Town at that time as no public access was available to these lands. The woodlot is currently zoned for open space purposes and will be conveyed to the Town in a subsequent phase, once public access is available. 

 

The uses and building types proposed within Phase 1 of the draft plan of subdivision are generally consistent with the land use designations and policies within the draft Cornell Secondary Plan. The proposed Phase 1 plan of subdivision would implement the following elements of the proposed vision for Cornell Centre south of Avenue Seven:

·        Provision of medium and high density residential, office and mixed use development within the Avenue Seven corridor which will support the proposed rapid transit service along Avenue Seven; 

·        Provision of a pedestrian-oriented commercial core south of Avenue Seven;

·        Provision of 7.4 hectares (18 ac) of employment lands along Avenue Seven, including the provision of lands for a regional transit terminal;

·        Provision of a school site; and

·        Provision of open space linkages.

 

It is recommended that Phase 1 be draft approved subject to the conditions of draft approval outlined in Appendix ‘B’, including the following red-line revisions:

·        Required widenings along Highway 7 as per the Region of York requirements for the Highway 7 Transitway;

·        Deletion of ‘residential uses’ reference in Block 11 (employment block) and deletion of the ‘hotel’ reference in Block 12 (hotels are not considered appropriate along Hwy 7 but may be considered within the employment area to the south);

·        Alignment of Street ‘D’ with the east-west private main street in Block 4;

·        Revisions required to include open space linkages between Highway 7 and the woodlot (west side of Block 11), and to complete the open space linkage west of the channel to Highway 7 (east portion of Block 3);

·        Shifting the alignment of the new north-south road between Blocks 11 and 12 to circumvent the heritage dwelling at 7323 Highway 7, and provide a more equitable sharing of the road right-of-way between owners, if possible; and

·        Any revisions required as a result of the recommendations of required technical studies (e.g., functional servicing study, traffic impact study, noise study, etc). 

 

All of the development blocks within the proposed plan of subdivision are subject to site plan approval and the review of comprehensive block plans. Conformity with the minimum density and maximum height requirements of the Secondary Plan will be evaluated through these processes. 

Zoning Amendment is required

The majority of the lands within the proposed plan of subdivision are currently zoned Agricultural (A1) or Rural Residential (RR1) in By-law 304-87.  A portion of the lands within Block 4, along the east side of the Bur Oak Avenue extension, are zoned Community Amenity Area One (CA1) in By-law 177-96, corresponding to the proposed configuration of the commercial block at the time the residential subdivision to the west was draft approved in 2002.  The woodlot and woodlot expansion area were also zoned, as Open Space One (OS1), as part of that draft approval.

 

A zoning by-law amendment is required to permit the proposed development within Phase 1 of the proposed plan of subdivision.  It is proposed that the lands currently zoned CA1 within residential Block 6, which is not included in the Phase 1 draft approval, be rezoned to remove the permission for stand-alone non-residential uses and to add a holding provision, as these lands are no longer intended for commercial uses.  A holding provision is also proposed for residential Blocks 1, 2 and 3, and the future residential areas within Block 4, pending further servicing allocation, as shown in the draft zoning amendments attached as Appendix ‘C’.   It is recommended that the zoning amendment applications be approved and the draft Zoning By-laws attached as Appendix ‘C’ be finalized and enacted.

 

Site plan and building elevations are considered acceptable

The proposed site plan for the mixed use retail centre is generally consistent with the proposed Cornell Centre concept. 

 

Consistency with Cornell Centre vision

The proposed site plan is the culmination of discussions with the applicant over a number of years to achieve the mixed use retail centre, similar to a lifestyle centre, envisioned in the draft Cornell Secondary Plan.  In February, 2007, the applicant presented to Development Services Committee, a long term Master Plan for the mixed use retail centre which achieves this vision (Figure 13).   The Master Plan illustrates how additional development can be accommodated on the site over time, in the form of approximately 850 additional apartment units within the future residential areas fronting Highway 7, as well as approximately 51,100m2 (550,000 sf) of mixed residential/commercial built form along the north-south driveway, and an additional apartment building with ground floor commercial uses, on the south side of the private main street, where a temporary parking lot is currently proposed.  Staff are working with the applicant to fine-tune the site plan and the Master Plan.  It is recommended that the Master Plan be endorsed along with the site plan, and once finalized, be included in the site plan approval for Block 4.

 

The proposed site plan establishes the fundamentals of the more intensive long term mixed-use centre, and ensures that the long term vision can be achieved through partial redevelopment supported by underground parking structures, when market conditions permit.  The12 storey apartment building fronting Avenue Seven, and the large retail stores within the interior of the site, comply with the height requirements of the draft Secondary Plan, and achieve the minimum required floor space index (FSI) of 2.5 and 0.45, respectively.    

 

The proposed development on the remainder of the site (i.e., commercial buildings along the main street and along the north-south driveway), do not meet the minimum requirement of 1.0 FSI in the draft Secondary Plan.   In addition, the live/work units and commercial units along the north-south driveway do not achieve the minimum 4 storey height requirement. 

It is proposed that policies be included in the Official Plan amendment to allow for the less intensive commercial development as a first phase of the more intensive long term development of the site.   Specifically, it is proposed that the Secondary Plan policies provide that the minimum floor space index requirement does not apply to the single-use non-residential gross floor area (approximately 14,800 m2) of the first phase of development within the designation, as defined in an approved site plan application.  In addition, it is proposed that a minimum height requirement of 3 storeys shall apply to the live/work units identified in the approved site plan application. 

 

It is further proposed that the zoning for the development be consistent with the long term development of the site, providing maximum development standards consistent with the draft Secondary Plan.

 

Parking

The site plan does not meet the requirements of the parking by-law, having a deficiency of approximately 133 parking spaces (10% of total required spaces), as follows:   

 

  • Apartment building (150 units) – sufficient parking is provided for the residential component of the apartment building, but insufficient parking is provided for the 844.7m2 of required at-grade commercial space within the apartment building (deficiency of 20 spaces at a rate of 1 space/23m2);
  • Live/work units (50 units) – sufficient parking is provided for the residential component of the live/work units (2 spaces per unit including garage and driveway) but 120 additional spaces are required by the by-law (at a rate of 1 space/30m2) to accommodate the mandated ground floor commercial space, resulting in a deficiency of 54 spaces;
  • Parking provided for the commercial buildings in the interior of the site and along the private main street falls short by 59 spaces (at a rate of 1 space/18.5m2) if the additional 60 temporary parking spaces being provided along the private main street are not included.

 

Although the parking spaces provided do not meet the requirements of the Town’s parking by-law, staff consider that the number of parking spaces provided over the entire site is sufficient to meet the parking needs of the proposed development.   The parking spaces provided for the commercial units in the interior of the site and along the main street exceed (by 47 spaces) a reduced parking rate of 1 space per 22m2 which has been approved for similar shopping centres in Markham.  

 

With respect to the required commercial uses on the ground floor of the apartment building, a reduced rate of 1 space per/30m2 is considered acceptable, given the availability of commercial parking elsewhere in the mixed use centre, the proximity to the proposed rapid transit service on Avenue Seven, and the potential for future on-street parking on Avenue Seven (currently being discussed with York Region).

 

With respect to the live/work units, a reduced parking rate for the commercial component of the live/work units (2 additional spaces per unit) which has been applied for live/work units elsewhere in Cornell, would reduce this shortfall to 34 spaces.  These spaces can be largely accommodated by the surplus parking spaces in the commercial area, 33 of which are located along the ‘main street’ adjacent to the live/work units.  In order to ensure that the types of commercial uses locating within the live/work units do not generate the need for more than 2 additional spaces per unit, it is recommended that certain uses such as medical offices, other similar health-related uses and restaurants, not be permitted in the zoning for these units.  These restrictions are included in the proposed zoning by-law (Appendix ‘C’).

 

Given the pedestrian-oriented, transit-supportive nature of the proposed development (in the short term and long term) and the draft Cornell Secondary Plan in general, staff recommend that reduced parking requirements apply to the proposed development.  Specifically, it is recommended that the rates of 1 space/22m2 for the commercial development, 1 space/30m2  for commercial uses on the ground floor of the apartment building, and 2 additional spaces/unit for the commercial component of the live/work units (with restricted use permissions) be included in the site-specific zoning by-law for the proposed development.

Building elevations are considered acceptable

The building elevations for the various components of the mixed use retail centre are considered acceptable.  The apartment building provides animation on the public streets by providing direct pedestrian access to Avenue Seven and providing ground floor commercial uses along the Avenue Seven and Bur Oak Avenue frontages.  The building is proposed to be clad with brick veneer with glass and spandrel cladding at the penthouse levels.  A podium condition defines the first and second storeys adding a human scale to the building through the use of building setback and continuous precast stone accent banding.   Staff have requested additional detailing on the south and east elevations.

 

Conceptual building elevations have been provided for the commercial buildings in the interior of the site incorporating a common theme through a continuity of building materials, colours and detailing.  This design approach will allow for a visually cohesive development even as individual buildings are modified to incorporate requirements specific to individual tenants.  The key architectural elements that are expected to be carried throughout all of the buildings include: breaking longer building facades with vertical pilaster-like projections, vertical window treatment, consistent base material and also articulating entry points by providing features such as raised parapets, arches and projecting canopies. Other common elements will be provided through enhanced corner treatments and unique roof features.   The public street (Bur Oak and Street ‘C’) facades for the larger retail buildings are required to provide hard screening as well as landscape screening for the loading areas along these streets. 

 

The live/work elevations are consistent with the detailing of the commercial units and provide articulation of individual units through the use of accent banding and glazing details.

 

As a condition of site plan approval the applicant will be required to submit actual elevations of individual commercial buildings to the Planning and Urban Design Department, prior to submission of a building permit application.  If such elevations deviate significantly from the endorsed conceptual elevations and are deemed to be unacceptable they can be brought forward to Committee for further consideration.  In addition, the applicant is required to submit a sign uniformity treatment plan for all of the buildings, prior to the drawings being endorsed by the Director of Planning and Urban Design. 

 

Potential for transit service along private main street

Staff support the retention of the ‘main street’ in private ownership in order to achieve a better quality of streetscape design than would be achievable using Town standards for public roads.

 

Staff will pursue the use of the private ‘main street’ as a possible transit route with York Region Transit staff.   In the interim, the conditions of site plan approval require the design and construction of the private ‘main street’ to accommodate transit vehicles, and an easement over the ‘main street’ for the use of transit vehicles in the event that YRT identifies this street as a transit route in the future.  These requirements are included in the conditions of site plan approval attached as Appendix ‘D’.

 

Issues identified in previous reports and public meetings have been addressed

Issues identified in the previous reports and public meetings regarding these lands have been addressed as follows:

 

Mixed use retail centre

As discussed above, although the site plan does not conform with the minimum density and building height requirements of the draft updated Secondary Plan, the site plan established the fundamentals of the more intensive long term mixed use centre envisioned for Cornell Centre in the draft Secondary Plan, as reflected in the Block 4 Master Plan.

 

Architectural Control

A concern was raised by the public and Committee members about the aesthetics of future buildings in Cornell Centre, and the importance of the more intensive development proposed for Cornell Centre being visually compatible with the rest of the Cornell community.    A Community Design Plan is currently being undertaken which will provide the urban design requirements for buildings in Cornell Centre.  As well, all development within Cornell Centre is subject to site plan approval which provides the opportunity for the Town to address any issues related to the visual appearance of buildings.   Site plan applications are brought before the Cornell Advisory Group for public input prior to consideration by Development Services Committee.

 

Open space linkages

The 9th Line Jubilee Greenway lands abutting Block 1 were conveyed to the Town when the residential subdivision to the south of Block 1 was registered.  Concern was expressed at the public meeting that the lands north of Block 1 should also be shown as open space.   The lands in question are not owned by the applicant and are not within the proposed plan of subdivision.  The Town owns lands immediately abutting Block 1 to the north, which formed part of the old Highway 7 right-of-way.  These lands are designated Residential in the revised draft Secondary Plan, to allow the flexibility to be combined with Block 1, if required.  The larger triangular parcel further north at the southeast corner of 9th Line and Highway 7 is owned by the Province, and is designated Open Space in the revised draft Secondary Plan.

 

As indicated previously, open space linkages will be required from the woodlot to Highway 7 along the west side of Block 11, and to complete the open space linkage west of the channel to Highway 7 (east portion of Block 3),  as part of the Phase 1 draft approval.  These requirements are included in the conditions of draft approval.

 

School site configuration

The requirements of the York Region District School Board for the elementary school site in Block 5 are included in the conditions of draft approval attached as Appendix ‘B’.  The School Board has requested that the applicant provide a minimum 2.4 ha (6 acre) elementary school site within the Phase 1 plan of subdivision.  The requested school site size is typical of school sites in residential subdivisions in Markham.  Staff will continue to work with the School Board and applicant to achieve a school building and site consistent with the more intensive development contemplated in Cornell Centre.

 

Proposed rapid transit (VIVA) terminal location

York Region Rapid Transit Corporation (YRRTC) has requested the dedication of lands to a maximum of 1.44 hectares (3.5ac) within the mixed use employment Block 11 for the location of a rapid transit terminal.  The YRRTC’s requirements are included in the conditions of draft approval attached as Appendix ‘B’.  

 

Abraham Reesor House – 7265 Highway 7

Block 11 includes the Abraham Reesor heritage building which is in the process of being designated under the Ontario Heritage Act.  The potential for integration of this house within the proposed development of the Block will be dealt with at the site plan application stage.  Requirements regarding this heritage dwelling are included in the conditions of draft approval attached as Appendix ‘B’.

 

Appropriate integration of 7323 Highway 7

A privately owned 0.9 ha (2.3 acre) property at 7323 Highway 7 is bounded on three sides by the proposed plan of subdivision.  The dwelling on the property, known as the Albert Reesor House, has been designated under the Ontario Heritage Act.  A proposed new north-south road separating Block 11 and Block 12 between Street D and Highway 7 is shown traversing the property, arriving at Highway 7 at the point of intersection of a proposed new road north of Highway 7.   Prior to final approval of Phase 1, the applicant will be required to adjust the alignment of the new road to circumvent the heritage dwelling and to provide a more equitable sharing of the road right-of-way between property owners, if possible.  It should be noted that opportunities to move the point of intersection of the new road with Highway 7 further west may be constrained by the location of a woodlot north of Avenue Seven.  

 

The applicant will be required to provide sanitary and water services to the property line of 7323 Highway 7 for future connections.   These requirements are included in the conditions of draft approval attached as Appendix ‘B’. 

 

Intersection spacing along Highway 7

The implementation of Ministry of Transportation (MTO) standards for intersection spacing and building setbacks along Highway 7 is no longer an issue, as Highway 7 is now under the jurisdiction of the Region of York.  However, further discussions are required with the Region to determine where restricted access is appropriate along Highway 7 for rapid transit purposes.

 

Servicing allocation is available for a portion of Phase 1

Servicing allocation is expected to be available from the Trustee of the Cornell Landowners Group for 50 townhouse units and 150 apartment units (481.5 population) within the draft plan of subdivision, including the 150 units of allocation assigned to the Trustee specifically for high density development along Highway 7.   Allocation for the remaining 1,149 residential units within the proposed Phase 1 draft plan is not available.   Given that all development within the proposed Phase 1 plan requires site plan approval, Town and York Region staff recommend that draft approval of Phase 1 be allowed to proceed, subject to holding provisions being placed on the zoning for development blocks without allocation, and the applicant entering into a No Pre Sale Agreement with the Town, to ensure that no units, beyond the first 200 units, are sold prior to obtaining sufficient servicing allocation.   York Region conditions regarding holding provision and pre-sale agreements are included in the conditions of draft approval attached as Appendix ‘B’, and in the recommendations for this report.

 

A number of outstanding issues remain to be resolved prior to draft approval of Phase 2

 

There are a number of issues to be resolved prior to draft approval of the remaining lands within the proposed plan of subdivision as follows:

·        Wetland issue related to woodlot and abutting development blocks

As stated previously, prior to draft approval of the remainder of the development blocks within the plan of subdivision, TRCA concerns with respect to water issues related to the woodlot must be addressed.

 

·        Densities in Phase 2 Residential Blocks - Approximately 2,700 units are proposed within Blocks 6, 7, 9 and 10 within Phase 2 of the proposed plan of subdivision.   According to a Master Plan for all of the Lindvest lands submitted in 2005 in support of the Official Plan and zoning amendment applications, the proposed built form includes townhouse, multiple unit and apartment buildings, with heights ranging from 2.5 to 25 storeys.   The draft updated Secondary Plan anticipates minimum heights of 4 storeys and maximum heights of 10 storeys on these blocks. 

 

·        Additional open space linkages – additional open space linkages will be provided as per the updated Open Space Master Plan which is currently being finalized.

 

These issues are under review and will be resolved prior to draft approval and zoning of the remainder of the plan of subdivision. 

 

Conclusion

Staff recommend that the Official Plan Amendment attached as Appendix ‘A’ and the zoning amendments attached as Appendix ‘C’ be finalized and approved.  Staff further recommend draft approval of Phase 1 of the proposed plan of subdivision and endorsement in principle of the site plan and accompanying Master Plan, subject to matters outlined in this report and the conditions attached as Appendix ‘B’ and Appendix ‘D’.   Staff also recommend that allocation for 50 townhouse units and 150 apartment units (481.5 population) be approved for a portion of the Phase 1 subdivision, including the 150 units of allocation assigned to the Cornell Landowners Group Trustee for high density development within the Highway 7 corridor.

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

 

ENVIRONMENTAL CONSIDERATIONS:

As indicated above, the TRCA is requesting further studies including an updated Master Environmental Servicing Plan (MESP) for the lands, and particularly further analysis of a watercourse/wetland area within the woodlot that flows in a southerly direction through the proposed residential block to the south.  The affect development blocks are intended to be draft approved in a future phase.  The woodlot is currently zoned for open space purposes and will be conveyed to the Town once public access is available through a subsequent phase.  TRCA conditions regarding the plan of subdivision are included in the conditions of draft approval attached as Appendix B.

 

ACCESSIBILITY CONSIDERATIONS:

The site plan shows parking spaces for the physically disabled, located generally close to the building entrances.  In addition, barrier free pedestrian connections from the building entrances to the parking area and to municipal sidewalks will be provided.

 

 

ENGAGE 21ST CONSIDERATIONS:

The proposed development will assist with the implementation of the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The requirements of relevant departments and external agencies have been incorporated into the draft plan of subdivision, recommended conditions of draft approval, and site plan conditions.

 

 

RECOMMENDED

                            BY:    ________________________          ________________________

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

                                                  Director of Planning & Urban Design                   Commissioner of Development ervices

 

 

ATTACHMENTS:

Figure 1            Location Map

Figure 2            Area Context/Zoning

Figure 3            Air Photo

Figure 4            Proposed Draft Plan of Subdivision

Figure 5            Proposed Site Plan

Figure 6            Elevations – Apartment Building

Figure 7-11      Elevations – Commercial Buildings

Figure 12          Schedule AA – Detailed Land Use - Draft Updated Cornell Secondary   Plan, April, 2007

Figure 13          Long Term Master Plan – Mixed Use Retail Centre

 

 

Appendix ‘A’   Official Plan Amendment

Appendix ‘B’   Conditions of Draft Approval

Appendix ‘C’   Zoning By-law Amendments

Appendix ‘D’   Site Plan Conditions

 

 

APPLICANT/AGENT:

 

Daniel Leeming

The Planning Partnership

1255 Bay Street, Unit 201

Toronto, Ontario M5R 2A9

Tel:  416-975-1556

Fax: 416-975-1580

 

 

FIGURE 1 – Location Map

 

 

Q:\Development\Planning\APPL\SUBDIV\06 114925 Lindvest Cornell Centre\Final DSC Report & Attachments\Lindvest Final Report 26jun07.doc