Report to: Development Services Committee Date of Meeting: May 6, 2008

SUBJECT: PRELIMINARY REPORT

Ruland Properties Inc.

Downtown Markham – Phase 1

Zoning By-law Amendment Application

West side of the Birchmount Road Extension

Plan 19TM01012

Markham Centre

ZA 08 110137

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

Extension 6588

RECOMMENDATION:

That the Preliminary Report titled “Ruland Properties Inc., Downtown Markham – Phase 1, Zoning By-law Amendment Application”, be received;

That staff be authorized to schedule a public meeting on the requested zoning amendments;

That the enhanced notice procedure for Markham Centre applications not be applied to this application, and that the notice for public meeting be based upon the statutory requirement of 120 metres from the property line, as well as a direct mailing to members of the Markham Centre Advisory and all those on record of requesting notice; 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

Two mixed-use buildings are Proposed

Buildings “E” and “F” are located within the Remington Group’s Downtown Markham project and represent the first two mixed-use buildings within phase one. Located on the west side of the future Birchmount Road extension, north of the Civic Mall, these two buildings link the previously approved Rouge Bijou and Verdale apartment components of the plan (Figure 4). A total of 377 units are proposed within the two buildings, including 38 live/work units on the second floors. Approximately 3,317 square metres (35,705 square feet) of grade related retail is proposed, oriented towards Birchmount Road and the Civic Mall. A revised site plan application has not been submitted.

Zoning Amendments are Required

The vacant lands are designated “Community Amenity Area” by the Markham Centre Secondary Plan (OPA 21), and in 2004, were zoned “Markham Centre Downtown Two – Hold (MC-D2 [H])” in the Markham Centre Zoning By-law (No. 2004-196) (Figure 2). The schedules within the Markham Centre Zoning By-law articulate the built-form vision and standards for the development of the lands, consistent with the Secondary Plan (OPA 21) and approved Precinct Plan.

The Zoning By-law establishes a maximum height of 31 metres (approximately 10 storeys). The applicant is seeking to increase the maximum permitted height for the northerly-most building – ‘F’ (Figure 4) by 2.71 metres to 33.71 metres for heights of 6 and 10 storeys, and for Building “E” by 14.91 metres to 45.91 metres or 11 and 14 storeys (Figure 5).

While the number of storeys within Building ‘F” would remain at 6 and 10, the applicant advises the relief to the height provisions is being requested, in part, to provide for taller ground floor retail units and to reflect the introduction of live/work units on the second floor. This will result in a very strong and well defined retail base to the buildings. The higher (14 storey) element for the southerly building (Building ‘E’) would also serve to signal a shift in activity from residential to commercial along Birchmount Road and, act as a transition from the landmark location in the Remington plan at the intersection of Birchmount Road and Enterprise Boulevard, where buildings up to 49 metres (approximately 16 storeys) in height are contemplated. The building programme as proposed would step down from 16 storeys at Birchmount, to 14 and 11 storeys (Building ‘E’) and then 10 and 6 storeys for Building ‘F’.

Height Policies are set out in the Secondary Plan

The Markham Centre Secondary Plan contains a series of provisions relating to height, with the final determination to be addressed through the Precinct Plan process. Higher buildings may be permitted at key strategic “landmark” locations, subject to Council being satisfied as to the quality of the design, and provided there is a proper gradation of overall height. Policies are also in place which allow for residential buildings to have an equivalent height to the 13 storey office building module, which has resulted in the 16 storey residential buildings which have been approved in the Highway 7 and Town Centre Boulevard area (a “landmark” location).

Key strategic or “landmark” locations for taller buildings within Markham Centre are set out in Schedule DD – Community Structure Plan in OPA 21. The Secondary Plan also provides Council with the flexibility to allow for a building or buildings to exceed the general maximums as set out in the Plan, without amendment, provided the purpose and intent of the Secondary Plan are otherwise met. A key consideration in achieving this height programme is Council being satisfied with the quality of the building design.

Height and Density Review is Underway

In September, 2007, Council considered a staff report on height and density issues in Markham Centre. The report, which validated the human-scale pedestrian-friendly vision for Markham Centre, as set out in the Markham Centre Secondary Plan (OPA 21), also identified the need to respond to issues associated with taller buildings in Markham Centre, including developing design criteria and reviewing “landmark” location policies.

Markham Centre approvals have included a very strong, urban, built-form next to the street edge, generally with a well-defined building base to secure a comfortable pedestrian environment. The on-going review of the height policies will look to formalize specific design criteria above the 8 storey benchmark to ensure appropriate massing, streetscape relationship and architectural design, while addressing potential impacts relating to sun/shadow and wind.

Applicant has addressed Massing Issues

Although a formal site plan application has not been submitted, the applicant’s architect has incorporated a number of design elements into the elevations which includes stepping at the ninth and penthouse floor levels. As noted, a portion of this additional height is intended to accommodate a tall retail base (5.5 metres – 18 feet) and second floor live/work units (3.6 metres – 11.8 feet). The applicant’s architect advises that the additional height will also serve to signal a shift in activity from residential to commercial along Birchmount Road. The design of Building ‘E’ does include stepping along the westerly elevation to better reflect the height of the adjacent Bijou buildings which are under construction (Figures 6 and 7).

Initial discussions with design staff indicate the need for additional stepping and a reduced floor plate for the upper levels of Building ‘E’, with specific detailing and other building design elements being addressed through the site plan process.

Enhanced notification procedures for Markham Centre applications

Expanded notice procedures for statutory public meetings to better promote Markham Centre meetings were adopted by Council in February, 2003. These enhanced procedures include:

Newspaper notice
Direct mailing to all advisory group members
Direct mailing to all property owners within 1 kilometre of the property
Direct mailing to all persons on record requesting notice of Markham Centre matters (including 200 names collected at the Unionville Traffic Infiltration Meeting).

Given the nature of the program (modification to existing approved zoning), conformity with the O.P., and lack of an established residential community within the area of the Remington Draft Plan and proposed buildings, staff recommend that the expanded notice procedure not be applied to this application and that the notice be based upon the statutory requirement of 120 metres. In addition it is recommended that notice include a direct mailing to members of the Markham Centre Advisory and those on record of requesting notice.

Markham Centre Advisory will be Consulted

The site plan application will be presented to the Markham Centre Advisory for consideration and evaluation against the Markham Centre Performance Measures Document, at which time issues of height and massing will be discussed. A preliminary overview on this proposal was given to the Advisory by the applicant on March 27, 2008.

ENVIRONMENTAL CONSIDERATIONS:

Although a site plan submission has not been formalized, the applicant advises, similar to other projects within their first phase, that they will be seeking a ’Silver’ L.E.E.D. ranking.

ACCESSIBILITY CONSIDERATIONS:

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

ENGAGE 21^ST 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 application has been circulated to applicable departments and agencies for comment, and their requirements will be addressed in the recommendation report.

RECOMMENDED BY:

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

Director of Planning & Urban Design

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

Commissioner of Development Services