Report to: Development Services Committee Report Date: February 5, 2008

SUBJECT: PRELIMINARY REPORT

Cottonlane Estates Inc.

Zoning By-law amendment application to facilitate a mixed-use residential/commercial building, 82 stacked townhouse units and a parkette.

158, 168 and 178 Old Kennedy Road

Main Street Milliken

File No: ZA 07 133824

PREPARED BY: Stacia Muradali, ext. 7922

Planner, Central District Team

RECOMMENDATION:

That the report dated February 5, 2008 entitled “PRELIMINARY REPORT, Cottonlane Estates Inc, Zoning By-law amendment application to facilitate a mixed-use residential/commercial building, 82 stacked townhouse units and a parkette, 158, 168 and 178 Old Kennedy Road, Main Street Milliken, ZA 07 133824” be received.

That Staff be authorized to schedule a Public Meeting to consider the Zoning By-law amendment application (ZA 07 133824).

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 the Zoning By-law amendment application for lands located north of Steeles Avenue, on the west side of Old Kennedy Road in the Milliken Main Street area, and to obtain authorization for staff to schedule a public meeting to consider the application.

BACKGROUND:

Subject lands and area context

158, 168 and 178 Old Kennedy Road, (the “subject lands”) are located north of Steeles Avenue on the west side of Old Kennedy Road and has a collective area of approximately 1.26 hectares (3 acres). The subject lands extend from Old Kennedy Road westward to the GO rail line (Figure 1). The subject lands are comprised of three previously separate

properties, which had each contained a detached dwelling with accessory buildings, which have since been demolished (including a house having heritage significance at 158 Old Kennedy Road). A mix of uses including a lumber yard, retail, residential uses, a place of worship and an active GO rail line surround the subject lands (Figure 3). The plan of subdivision to facilitate the proposed development was draft approved in June, 2007.

Proposal for a mixed use residential/commercial building, stacked townhouses and parkette

The applicant is proposing a three-storey mixed-use building consisting of 28 residential units with grade related retail units fronting onto Old Kennedy Road. The applicant is also proposing 82 stacked townhouse units to be located within eight blocks extending westward towards the Go rail line, and separated by a parkette. The parkette, approximately 1,005 square metres (0.10 hectare) in size, will extend north/south and will be conveyed to the Town. An east-west public road is proposed along the north property line and will connect with Aldergrove Road (Figure 4).

The mixed-use building is three storeys and will have a gross floor area of 3,820 square metres (Figure 5). 90 surface parking spaces will be provided towards the rear of the building. The stacked townhouse units have a total height of three-storeys with each unit having a one-car garage (Figure 5). 164 parking spaces can be accommodated in the garages and driveways. 24 visitor parking spaces will be provided along the south property line.

Main Street Milliken Secondary Plan

The portion of the lands fronting onto Old Kennedy Road is designated Community Amenity Area-Main Street and the remainder of the site is designated Community Amenity Area-Mixed Use in the Main Street Milliken Secondary Plan (the “Secondary Plan”). The Secondary Plan also identifies the house located at 158 Old Kennedy Road as having heritage significance.

The Community Amenity Area- Main Street designation provides for mixed use buildings with a range of small to moderate scale retail, personal service, restaurant and business uses. Residential uses are not permitted on the ground floor of buildings facing Old Kennedy Road. A maximum Floor Space Index (FSI) of 1.25 is provided for, subject to a zoning by-law amendment and traffic impact analysis. The maximum height of buildings shall generally not exceed three to four storeys.

The Community Amenity Area- Mixed Use designation provides for high and medium density residential development. The maximum height and FSI are similar to those in the Community Amenity Area- Main Street designation mentioned above. The proposed development will have a FSI of approximately 0.65 and the mixed-use building and stacked townhouse units are three storeys in height.

The Official Plan designates the portion of the subject lands fronting onto Old Kennedy Road, Commercial- Community Area and the remainder of the lands Urban Residential. The proposed development is consistent with the Official Plan and Secondary Plan policies.

Zoning

The majority of lands are zoned Medium Density Residential with site-specific and Hold provisions [R3*275(H)]. A portion of the lands fronting onto Old Kennedy Road is zoned

Mixed Residential/Retail/Office with site-specific and Hold provisions [CA2*283(H)]. The northerly half of 178 Old Kennedy Road (the portion of land which will be dedicated as a public road), is zoned Residential-Multiple/Townhouse Dwellings with site-specific and Hold provisions and Mixed Residential/Retail/Office with site-specific and Hold provisions [R3*272(H)*274(H2)], [R3*273(H)*274(H2)] and [CA2*284(H)*274(H2)] (Figure 2).

The zoning standards were established concurrently with the Milliken Main Street Secondary Plan and the applicant is seeking relief to introduce site-specific standards such as increasing the maximum height, reducing required setbacks and the addition of the park as a permitted use through this application.

The Hold provisions (H and H2) can only be removed if certain conditions are met. These conditions include, but are not limited to the execution of a subdivision or site plan agreement, adequate water, sanitary and stormwater facilities, and satisfactory arrangements through a Developers Group or alternative arrangements to address the sharing of common costs of development, amongst other things. The Hold provisions will be removed upon application and when the prescribed conditions have been satisfied.

OPTIONS/ DISCUSSION:

Demolition of house having heritage significance at 158 Old Kennedy Road

The house located at 158 Old Kennedy Road has recently been demolished. The house was identified as having heritage significance in the Milliken Main Street Secondary Plan. However, it had not been designated pursuant to the Ontario Heritage Act, nor was it listed in the Town’s Inventory of Heritage Buildings, nor in AMANDA as a heritage building. It was in process by Heritage staff to be added to the 2007-2008 Markham Register of Property of Cultural Heritage Value or Interest endorsed by Development Services Committee on January 15^th, 2008, and subsequently to be added to AMANDA records. As the Heritage Inventory and AMANDA records accessed by the Building Department had not yet been updated, the owner was able to obtain a demolition permit in November 2007.

Conditions of draft approval of the plan of subdivision approved by Council in June 2007 included the protection and conservation of the house in its original location, and the registration of it’s designation and heritage easement agreement. As a result of the demolition of the house in November 2007, these conditions of draft approval, among others, cannot be fulfilled. One of the remaining conditions of draft approval which can be fulfilled is that the Owner provide and install, at its cost, an interpretive baked enamel plaque, designed and manufactured according to the “Markham Remembered” program, for the demolished heritage significant building, in a publicly visible location at 158 Old Kennedy Road (on the Old Kennedy frontage). The plaque is to be mounted on a decorative wall faced with brick salvaged by the owner from the demolished house. Details of the plaque and it’s location are to be submitted for review and approval by the Town’s Heritage Section. Additional conditions will be incorporated into the site plan agreement to ensure commemoration of this lost heritage resource.

Site plan application needs to be revised

The applicant has submitted a site plan application to be reviewed in conjunction with this application. The proposed site plan shows the siting of the house which was previously located at 158 Old Kennedy Road. The site plan will therefore need to be revised to reflect the removal of the house and any site reconfigurations. The applicant has indicated that they may potentially extend the mixed-use building and add one ground related retail units and two residential units in this location. This will increase the number of units proposed and increase the floor area of the mixed-use building. Any revisions to the proposed site plan will be addressed in the final report and incorporated into the amending by-law. Town staff will examine the interface between the proposed townhouse units, the parkette, the proposed public road, and the mixed-use building and Old Kennedy Road.

Proposed development requires servicing allocation

The emerging Developers Group has been assigned 305 units by Council but there is no allocation currently identified for this development. This servicing allocation is intended for developments which provide important road links within the Milliken Main Street Secondary Plan area. The Developers Group has requested additional units of allocation to facilitate the proposed development. The Owner would require allocation for the 82 stacked townhouse units (Phase 1) initially. Allocation for the remaining 28 units in the mixed-use building will be requested at a future date. The number of units requiring allocation may increase as a result of the owner adding units to the mixed-use building. This will be addressed in further detail through the reporting on the site plan application.

Technical studies under review

The Town is in the process of reviewing several studies such as a Traffic Impact Study, Stormwater Management Report, Environmental Site Assessment and Master Servicing Report as part of the site plan approval process. Any revisions to the site plan resulting from these reports will be addressed in the final report. A Tree Inventory and Preservation Plan, in addition to a Landscape Plan are also being reviewed by the Town to ensure that as much of the existing trees and natural vegetation are preserved.

FINANCIAL TEMPLATE (external link):

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

An Environmental Site Assessment has been submitted and is currently under review by the Town. The applicant is required to convey the proposed 1,005 square metre ( 0.10 hectare) parkette to the Town for public use. The Town will ensure that as much of the existing trees and natural vegetation will be preserved. The applicant has submitted a tree inventory and preservation plan and landscape plan for the Town’s review.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

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 compact development.

BUSINESS UNITS CONSULTED AND AFFECTED:

This application has been circulated to the appropriate departments and external agencies and their requirements will be incorporated into the final recommendation report.

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

Service

ATTACHMENTS:

Figure 1- Location Map

Figure 2- Area Context/Zoning

Figure 3- Aerial Photo

Figure 4- Proposed Site Plan

Figure 5- Proposed Building Elevations

AGENT INFORMATION

Attn: Scott Kapuscinski

Plantactics

15 Glenmount Park Road

Toronto, ON, M4E 2M8

Tel: (416) 694-4959

Fax: (416) 694-4958