Report to: Development Services Committee Report Date: April 22, 2008

SUBJECT: PRELIMINARY REPORT

Aryeh Construction

8293 and 8303 Warden Avenue

(East side of Warden Avenue, south of Highway 7)

Application for Official Plan Amendment for a proposed high density residential development

Markham Centre

File No. OP 08 1092285

PREPARED BY: Scott Heaslip, Senior Project Coordinator

Central District

RECOMMENDATION:

That the report dated April 22, 2008 titled “Preliminary Report, Aryeh Construction, 8293 and 8303 Warden Avenue (East side of Warden Avenue, south of Highway 7), Application for Official Plan Amendment for a proposed high density residential development,” be received;

And that staff report back to Development Services Committee regarding scheduling a Public Meeting to consider the requested Official Plan Amendment, if required, to be held concurrently with the Public Meeting for the corresponding rezoning and subdivision applications, following completion of the required Precinct Plan;

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 at this time.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

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

The purpose of this report is to provide preliminary information regarding an application for Official Plan Amendment for a proposed high density residential development on the east side of Warden Avenue, south of Highway 7.

BACKGROUND:

Subject Lands and Area Context

The 1.86 ha (4.6 acre) site is located on the east side of Warden Avenue, directly opposite the newly completed Clegg Road extension. (Figure 3) The northerly part of the site is vacant. The southerly part is occupied by two single detached dwellings, one of which (8303 Warden Avenue) is listed in the Town’s inventory of built heritage resources.

Official Plan and Zoning

The subject lands are designated “Commercial” in the Official Plan.

The lands are further designated “Community Amenity Area – Major Urban Place” in the Markham Centre Secondary Plan (OPA 21). The overall policy direction for the lands in the “Major Urban Place” designation is:

lands are to be developed with high concentration and intensity of residential, commercial, employment and supporting uses.
permitted density of medium and high density residential uses is to be established through a precinct plan.
building heights are also to be established in the precinct plan. The intended maximum building heights in the “Community Amenity Area - Major Urban Place” designation is generally 8 storeys, with permission for up to the equivalent of 13 office storeys (approximately 16 residential storeys) where buildings are designed to achieve landmark design objectives and provide focal points for the community, and proper graduation of height is provided.
retail and service commercial uses are encouraged on the ground floor of buildings facing major streets.

The Markham Centre Secondary Plan identifies a number of “precincts,” which are smaller geographic areas within the district that are an appropriate scale for detailed planning studies. The secondary plan requires the landowners within each of the precincts to jointly prepare a plan for the precinct addressing matters including street, block and lot pattern, type, height and location of buildings, views and focal points, and street and landscape components. Precinct plans are required to be endorsed by Council prior to approval of individual development applications. The subject property is within the Centre North Precinct, the majority of which is owned by Lonsmount Construction Limited (Murphy Hull). Staff reported to Development Services Committee on the subdivision and zoning applications submitted by Lonsmount on January 15, 2008.

The lands are zoned “Rural Residential 2” by the Town’s Rural Area By-law No. 304-87.

Applicant proposing high density residential development

The concept plan submitted by the applicant (Figure 4) shows a 20-storey (313 unit) apartment building on the parcel to the north of the collector road, and 20-storey (507 unit) and 8 storey (125 unit) apartment buildings on the parcel south of the road. The existing heritage dwelling is proposed to be relocated to the front of the south parcel facing Warden Avenue (Figure 4).

Applicant previously applied for rezoning and subdivision approval for this development

Staff reported to Development Services Committee on the rezoning and subdivision applications on November 20, 2007. The staff report outlined a number of issues/concerns with the proposed development, primarily related to building height, density and the need for a comprehensive precinct plan. Committee authorized staff to continue discussions with the applicant to address the issues outlined in the staff report and, upon resolution of the issues identified, to report back to Development Services Committee regarding scheduling a Public Meeting to consider the applications.

Applicant has now applied to amend the Official Plan

The applicant is now seeking to amend the Official Plan. Their submission letter (Appendix ‘A’) outlines the purpose of the requested Official Plan Amendment as follows:

“Although the Preliminary Report on the re-zoning and subdivision applications indicates that the proposal is “generally consistent with the overall objectives of the ‘Community Amenity Area – Major Urban Place’ designation of the Markham Centre Secondary Plan”, we have also noted issues of height and density with respect to interpretation of the Secondary Plan policies. We also recognize the difficulty in coordinating with adjacent properties within the precinct. Therefore, out of an abundance of caution, we are submitting this application. The draft OPA is intended to reflect the necessary amendments to accommodate the proposed development, and may be subject to further editing as the OPA is processed. If it is determined through the process that this should be a Minor Amendment, or that the application is not required, we will work with you to adjust accordingly.”

The applicant has applied to amend the Official Plan Amendment primarily to address the following items:

to permit the proposed development to proceed in advance of the approval of a precinct plan. The secondary plan provides that a precinct plan must be endorsed by Council prior to approval of any individual developments within the precinct.
to permit a maximum height of 20 residential storeys. The secondary plan provides that the intended maximum building height in the “Major Urban Place” designation is 8 storeys. Where buildings are intended to achieve landmark design objectives and provide focal points, such as at the intersection of Highway 7 and Warden Avenue, the secondary plan allows Council to increase building height to the equivalent of 13 office storeys (16 residential storeys), provided there is a proper graduation in height and density.
to permit a net site density of 606 units per hectare (245 units per acre). The secondary plan provides that the permitted density of medium and high density residential development shall be established through precinct plans, having regard to the average net site density provisions of the Official Plan (80-148 uph [32 - 60 upa] for high density development).

OPTIONS/ DISCUSSION:

On September 18, 2007, Development Services Committee passed a resolution affirming the original vision for Markham Centre as a human-scale, pedestrian-oriented, transit-supportive, major activity centre for the Town, in particular the height policies contained within the Markham Centre Secondary Plan (OPA 21), which call for a mid-rise community with taller building elements concentrated around strategic “landmark” locations. Committee also authorized staff to review and update the Markham Centre Secondary Plan’s density targets and height policies, including specific design criteria relating to taller buildings at “landmark” locations. This review, which will assist in setting the overall height and density parameters for the secondary plan area, is underway and the implementing amendments to the secondary plan are intended to be brought forward to Council before the end of 2008. The applicant is encouraged to participate in the height/density review, in the context of preparing their required precinct plan.

As outlined above, the secondary plan requires precinct plans to be endorsed by Council prior to approval of individual development applications. Staff would not be in a position to recommend approval of individual projects prior to completion of the required precinct plan, as this could fundamentally undermine the objectives of the secondary plan. The secondary plan is a flexible policy document, but is reliant on the precinct plan process to demonstrate comprehensive planning and good urban design.

The subject property is a relatively small part of the precinct and is surrounded on three sides by lands owned by Lonsmount Construction Limited (Murphy Hull), the major landowner in the precinct. The applicant is encouraged to work with Lonsmount and the other landowners within the precinct to develop a draft precinct plan and to prepare the required technical studies on a precinct wide basis.

The Public Meeting for the subject Official Plan Amendment application, if required, should be held concurrently with the Public Meeting for the corresponding rezoning and subdivision applications. Prior to scheduling the Public Meeting, staff will report further on the status of the precinct plan discussions.

FINANCIAL TEMPLATE:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

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” including Managed Growth, Quality Community and Infrastructure Management.

BUSINESS UNITS CONSULTED AND AFFECTED:

The corresponding rezoning and subdivision applications were circulated to other Town departments and public agencies for review and comment.

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/Zoning

Figure 3 – Air Photo

Figure 4 – Applicant’s Concept Plan

Appendix ‘A’ – letter from applicant

APPLICANT/AGENT:

PMG Planning Consultants

227 Bridgeland Avenue

Toronto, Ontario

Tel: (416) 787-4935

Fax: (416) 787-0004

Email: pswinton@pmgplanning.ca

File No.: Q:\Development\Planning\APPL\OPAPPS\08 1092285 Aryeh\Aryeh OPA preliminary report.doc